? about what to do when there is a medical issue IE: Does CS Change?

[nosonew]

Our bm has a medical issue and will likely be off work for 2-8 weeks (already has been 4)..

She is requesting a decrease or zero child support during this time.

Facts:

She owns numerous rental homes, yet shows a loss or just small income on taxes regarding this.

Questions:

1. In the state of Kansas, would c.s. be changed due to this?

2.  If we were inclined to allow her to pay no c.s. during this time, could we request proof of no other income? If so, how?

Any other thoughts?

Thanks...

Noso

[socrateaser]

>Our bm has a medical issue and will likely be off work for
>2-8 weeks (already has been 4)..
>
>She is requesting a decrease or zero child support during this
>time.
>
>Facts:
>
>She owns numerous rental homes, yet shows a loss or just small
>income on taxes regarding this.
>
>Questions:
>
>1. In the state of Kansas, would c.s. be changed due to this?

A medical condition tha prevents a person from working is certainly a material change in circumstances, and could presumably cause the court to order child support modified downward.

However, if you can show that the obligor parent has passive income that could be used to pay child support, then the court can use said income as a basis for a child support award. Generally, the court will look at the actual cash flow of the rental property, i.e., gross income minus principal, interest, taxes, utilities, insurance and routine maintenance costs, and if there's any money left over, then that money will be treated as income for the purposes of applying the child support guidelines.

If you suspect that the obligor parent has not produced tax returns that accurately reflect her actual rental income, then you should ask for copies of the bank statements associated with the properties, and then try to prove that your suspicions are well founded.
>
>2.  If we were inclined to allow her to pay no c.s. during
>this time, could we request proof of no other income? If so,
>how?

If the obligor parent does business with a bank, then you could ask for copies of the bank statements. However, if she's getting cash for the rent, then short of going around and asking all of the tenants how much they pay per month, you're basically SOL.

In my opinion you shouldn't be "inclined" to reduce the support payments. If the obligor parent wants a reduction, she can ask the court. There's no reason for you to simply take her word for her poverty. We're not talking about someone with no assets, based on your post. Make the obligor prove her case.