Child Support Modification Guidance

Summary

In Kansas, modifying child support usually requires a significant change in circumstances. However, errors, fraud, or misrepresentation can justify modification without such changes. If overpayments or arrears are involved, you might have grounds for modification. Consult a local attorney for specific legal advice and to ensure your motion is properly drafted and supported with relevant documents.

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If I am making a motion for modification to prior child support order and asking that the overpaid amount be applied to arrears. How should I name this petition? Would it be a modification to child support or to arrears? Or appeal of previous ruling?
You would typically name this petition as a "Motion to Modify Child Support Order." This motion can include a request to apply the overpaid amount to arrears. An appeal is generally used to challenge a court decision, not to modify orders.
If there is no change in circumstance, does it still qualify as a motion to modify child support?
In Kansas, a motion to modify child support typically requires a significant change in circumstances. However, if you are addressing overpayments and arrears, you might have grounds for modification without changes in circumstances. Consider consulting with a local attorney for guidance specific to your situation.
What other circumstances might I be able to file a modification to child support without change of circumstance? The judge asked me to file a separate motion after not fully addressing my response to modify an incorrect child support worksheet filed by opposing parties' attorney.
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In Kansas, you might be able to file for modification without a change in circumstances in cases of:
- Mistakes or errors in the child support calculation.
- Fraud or misrepresentation by the opposing party.
- A court order that was based on incorrect information.
Would you like more information on how to proceed with your motion?
Can you please site that law
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In Kansas, modification of child support without a change in circumstances can be challenging, but errors, fraud, or misrepresentation could be grounds. Specific statutes or case laws directly addressing this situation may not exist, so consulting with a local attorney for precise legal citation is advisable.
I need to add this information into my motion can you cite the other reasons to modify child support based on mistakes and errors in support calculations
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In Kansas, potential grounds for modifying child support without a change in circumstances include:
- Errors or discrepancies in the original child support calculation.
- Fraud or intentional misrepresentation by the opposing party.
- Court orders based on incorrect or incomplete information.
Consult with a local attorney for precise legal citation and guidance specific to your case.
Can you go over the motion for me and give me any advice on my case
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Your motion includes requests to modify child support due to changes in income, overpayments, and arrears. Consider:
- Highlighting any errors in previous calculations.
- Emphasizing changes in income or circumstances impacting child support.
- Including relevant documents and calculations to support your claims.
Given the complexity, consulting a local attorney may strengthen your case.