Printable Format20-165. Rules establishing child support guidelines; factors to be considered; calculation of support for an unborn child; definitions. (a) The supreme court shall adopt rules establishing guidelines for the amount of child support to be ordered in any action in this state including, but not limited to, K.S.A. 39-755 and K.S.A. 23-2215, and amendments thereto, article 30 of chapter 23 of the Kansas Statutes Annotated, and amendments thereto, and K.S.A. 23-2711, and amendments thereto.
(b) In adopting such rules, the court shall consider all relevant factors, including, but not limited to:
(1) The needs of the child;
(2) the standards of living and circumstances of the parents;
(3) the relative financial means of the parents;
(4) the earning ability of the parents;
(5) the need and capacity of the child for education;
(6) the age of the child;
(7) the financial resources and earning ability of the child;
(8) the responsibility of the parents for the support of others;
(9) the value of services contributed by both parents; and
(10) the direct medical and pregnancy-related expenses of the mother.
(c) The maximum amount of child support to be ordered for the support of an unborn child shall not exceed the direct medical and pregnancy-related expenses of the mother of the unborn child. Pregnancy-related expenses shall not include any costs related to an elective abortion.
(d) The amount of child support determined pursuant to subsection (b)(10) shall be calculated from the date of conception of such mother's child. Interest shall accrue for any such amount of child support at the statutory rate provided under K.S.A. 16-204, and amendments thereto, and shall continue to accrue until the payment of such child support is no longer in arrearage.
(e) As used in this section:
(1) "Elective abortion" means an abortion for any reason other than to prevent the death of the mother upon whom the abortion is performed, except that an abortion may not be deemed one to prevent the death of the mother based on a claim or diagnosis that such mother will engage in conduct that would result in such mother's death; and
(2) "unborn child" means the same as defined in K.S.A. 23-3001, and amendments thereto.
History: L. 1986, ch. 219, § 2; L. 1992, ch. 312, § 1; L. 2011, ch. 26, § 39; L. 2012, ch. 162, § 29; L. 2014, ch. 116, § 1; L. 2025, ch. 112, § 1; July 1.
Law Review and Bar Journal References:
"Kansas Child Support Guidelines: An Elusive Search for Fairness in Support Orders," Linda Henry Elrod, 27 W.L.J. 104, 113, 125 (1987).
"Child Support Modifications Under Supreme Court Administrative Order No. 59: Has Anything Really Changed?" Michael W. Laster, 11 J.K.T.L.A. No. 2, 13 (1987).
Attorney General's Opinions:
KPERS; Kansas police and firemen's retirement system; disability benefits; procedures and reports; conservators. 92-128.
CASE ANNOTATIONS
1. Child support guidelines adopted in compliance hereunder apply to child support orders governed by Kansas parentage act (K.S.A. 38-1110 et seq.). State ex rel. Dix v. Plank, 14 Kan. App. 2d 12, 14, 780 P.2d 171 (1989).
2. Incarceration in correctional facility not legal justification for suspension or modification of child support obligation under guidelines. Rupp v. Grubb, 265 Kan. 711, 712, 962 P.2d 1074 (1998); In re Marriage of Thurmond, 265 Kan. 715, 716, 962 P.2d 1064 (1998).
3. Increase in monthly child support considered to be related to mother's living expenses not approved. Skillet v. Sierra, 30 Kan. App. 2d 1041, 53 P.3d 1234 (2002).