Max CS guidelines in KS?

[nosonew]

Soc..we are CP.. NCP mom hasn't been working since May and states she isn't working now. HOWEVER, our KS CS enforcement agency's on-line site shows she JUST had $$ taken out of her check and DH will receive it soon. She earlier had stated she could only work 2-10 hours per week due to a "disability". Yet has never proven it to us, athough DH stated he would fore-go CS if she would prove she had a disability and had no other income. Our state guidelines do not address this issue of short term disability.

She refused to respond. So my questions are:

1. What is the max amt of CS will they take out of a check?
2. Is that gross or net?
3. Any other suggestions?

Thanks... VERY much appreciate your time!

[socrateaser]

>Soc..we are CP.. NCP mom hasn't been working since May and
>states she isn't working now. HOWEVER, our KS CS enforcement
>agency's on-line site shows she JUST had $$ taken out of her
>check and DH will receive it soon. She earlier had stated she
>could only work 2-10 hours per week due to a "disability". Yet
>has never proven it to us, athough DH stated he would fore-go
>CS if she would prove she had a disability and had no other
>income. Our state guidelines do not address this issue of
>short term disability.
>
>She refused to respond. So my questions are:
>
>1. What is the max amt of CS will they take out of a check?

Under federal law, the maximum garnishment amount for child support is 60% of after-tax income, or 65% if the obligor is adjudged 12 weeks in arrears on their support obligation.

With respect to a disability or any other issue of ability to pay, the courts generaly consider "earning capacity," in lieu of actual income. Therefore, if you want more support than the parent is actually earning, you must prove that (1) the obligor has the talent and ability to work at ____, and (2) work comensurate with the obligor's talent and ability exists in the current employment market and is reasonably available to obligor, and (3) the obligor voluntarily refuses to seek such employment.

If you prove all three elements, then the court will impute support and order the parent to seek work comensurate with his/her earning capacity. Sometimes proving this can be difficult, but at a baseline, EVERYONE is presumed to be able to earn minimum wage for 40 hours per week, and the court will order that much, unless the obligor can prove a disability preventing him/her from working full time at minimum wage.

[nosonew]

Thanks Soc. She makes 19.00/hr. She just states she is "too tired" to work and found a doc that stated she could take "time off" to figure out "meds to help". Sounds like acute depression to me...but she refuses to provide further info on anything. (which is her right of course)

That being said, she has paid CS per c.o./garnishment for 2 years almost. So.. the order is done. She has not requested a decrease in CS from court, just from case mgr. DH disagreed without proof of disability and proof of no other income (she owns 8 other homes)...we know she owns 4 of the homes outright... very likely she is making a very nice income on the side.

Thanks... :)

[socrateaser]

She owns eight homes? Rental income is income for the purposes of determining child support, so, you could request discovery of all of her rental agreements for the various homes, checking accounts, tax returns, etc., and then try to determine how much more she makes, and if you can show she makes more, then you can get more support.

[nosonew]

Soc..we are CP.. NCP mom hasn't been working since May and states she isn't working now. HOWEVER, our KS CS enforcement agency's on-line site shows she JUST had $$ taken out of her check and DH will receive it soon. She earlier had stated she could only work 2-10 hours per week due to a "disability". Yet has never proven it to us, athough DH stated he would fore-go CS if she would prove she had a disability and had no other income. Our state guidelines do not address this issue of short term disability.

She refused to respond. So my questions are:

1. What is the max amt of CS will they take out of a check?
2. Is that gross or net?
3. Any other suggestions?

Thanks... VERY much appreciate your time!

[socrateaser]

>Soc..we are CP.. NCP mom hasn't been working since May and
>states she isn't working now. HOWEVER, our KS CS enforcement
>agency's on-line site shows she JUST had $$ taken out of her
>check and DH will receive it soon. She earlier had stated she
>could only work 2-10 hours per week due to a "disability". Yet
>has never proven it to us, athough DH stated he would fore-go
>CS if she would prove she had a disability and had no other
>income. Our state guidelines do not address this issue of
>short term disability.
>
>She refused to respond. So my questions are:
>
>1. What is the max amt of CS will they take out of a check?

Under federal law, the maximum garnishment amount for child support is 60% of after-tax income, or 65% if the obligor is adjudged 12 weeks in arrears on their support obligation.

With respect to a disability or any other issue of ability to pay, the courts generaly consider "earning capacity," in lieu of actual income. Therefore, if you want more support than the parent is actually earning, you must prove that (1) the obligor has the talent and ability to work at ____, and (2) work comensurate with the obligor's talent and ability exists in the current employment market and is reasonably available to obligor, and (3) the obligor voluntarily refuses to seek such employment.

If you prove all three elements, then the court will impute support and order the parent to seek work comensurate with his/her earning capacity. Sometimes proving this can be difficult, but at a baseline, EVERYONE is presumed to be able to earn minimum wage for 40 hours per week, and the court will order that much, unless the obligor can prove a disability preventing him/her from working full time at minimum wage.

[nosonew]

Thanks Soc. She makes 19.00/hr. She just states she is "too tired" to work and found a doc that stated she could take "time off" to figure out "meds to help". Sounds like acute depression to me...but she refuses to provide further info on anything. (which is her right of course)

That being said, she has paid CS per c.o./garnishment for 2 years almost. So.. the order is done. She has not requested a decrease in CS from court, just from case mgr. DH disagreed without proof of disability and proof of no other income (she owns 8 other homes)...we know she owns 4 of the homes outright... very likely she is making a very nice income on the side.

Thanks... :)

[socrateaser]

She owns eight homes? Rental income is income for the purposes of determining child support, so, you could request discovery of all of her rental agreements for the various homes, checking accounts, tax returns, etc., and then try to determine how much more she makes, and if you can show she makes more, then you can get more support.