Child support can be either increased or decreased within three years of the date of the original order or modification if there has been a material change in circumstances. If a modification is sought more than three years after the date of the original order, then a material change in circumstances need not be proven. Modifications by the court may be made one month after the motion for modification has been filed with the court.
A court also may set apart any portion of property of either the husband or wife that may seem necessary and proper for the support of the children. In other words, assets from the property division phase of your divorce may be used for the purposes of child support. This is most common when there are issues with the paying parent not complying with a child support order.
Child support will continue until your child turns 18 years of age regardless of the type of custodial arrangement as ordered by the court with a few exceptions. One exception involves an agreement reached by the parents for child support to continue for a certain period of time after the child has reached 18. The agreement must be written, signed by both parties and approved the court. If the agreement is missing any of these elements, the agreement will not be effective. It is important to seek legal advice if you are contemplating any agreement that would continue child support past the age of 18.
Another exception involves a child who is still 18 years old prior to the completion of high school. In this case, child support terminates on June 30 of the year of high school graduation. If your child is still a bona fide high school student and enrolled in an accredited high school pursuing a high school diploma or enrolled in a program in pursuit of a graduation equivalency diploma, then child support will continue until your child turns 19 as long as your child remains a bona fide high school student.
Weston R. Moore, Attorney at Law, has been representing parents in child support disputes in Kansas and Missouri since 1995. We offer a free no obligation initial consultation and can advise you regarding your rights and likely child support obligations. We even let you know if your child support matter is one that you can handle on your own. If you are involved in a child support dispute, our experienced Kansas City divorce attorney will help guide you through any complex issues in an effort to reach a cost effective resolution to your child support case.