Kansas Statutes Annotated

K.S.A. § 23-3002 (2026)

Determination of amount of child support

✓ current as of May 2026
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23-3002. Determination of amount of child support. (a) In determining the amount to be paid for child support, the court shall:

(1) Follow the Kansas child support guidelines adopted by the supreme court pursuant to K.S.A. 20-165, and amendments thereto; and

(2) take into consideration and shall order the use of the total value of any individual retirement plan account that is qualified under sections 401(a), 401(k), 403(a), 403(b), 408, 408A or 409 of the federal internal revenue code of 1986 if the person has experienced a loss of income or termination from employment due to loss, revocation, suspension or surrender of a professional license because of professional misconduct or voluntary underemployment.

(b) (1) If a parent accumulates a child support arrearage and experiences a loss of income or termination from employment due to loss, revocation, suspension or surrender of a professional license because of professional misconduct or voluntary underemployment the court shall, upon the occurrence of a distributable event as defined by the terms of the qualified plan, order the use of individual retirement plan accounts described in subsection (a)(2) to pay the arrearage with a one-time lump-sum distribution until:

(A) All funds in such accounts are exhausted; or

(B) the parent establishes other means to satisfy the child support obligations.

(2) Claims for child support against an individual retirement plan account described in subsection (a)(2) shall:

(A) Not require a plan to make any distributions that are not otherwise authorized by the terms of the plan;

(B) be subject to early withdrawal penalties and taxable income as a distribution; and

(C) be executed through direct payment from the retirement account through the Kansas payment center.

(c) Any person who files a motion requesting a child support order or modification order shall include in such filing a completed domestic relations affidavit and proposed child support worksheet.

History: L. 2011, ch. 26, § 31; L. 2014, ch. 116, § 7; L. 2025, ch. 112, § 4; July 1.

Notes of Decisions
Cited in 8 cases (5 in the last 5 years), 2019–2024 · leading case: In re Marriage of Ralph (Kan. Ct. App. 2021).
In re Marriage of Ralph (Kan. Ct. App. 2021). · cites it 11× “200) and K.S.A. 23-3002 by not filing a DRA or CSW with his motion.”
Matter of Marriage of Moler & Moler, 444 P.3d 1017 (Kan. Ct. App. 2019). · cites it 2× “Our statute provides that "any provisions relating to" the support of minor children "shall be subject to the control of the court in accordance with all other provisions of this article.”
In re Marriage of L.S. & D.J. (Kan. Ct. App. 2024). · cites it 2× “23- 3001 and K.S.A. 23-3002. A parent may move for such modification under K.”
In re Marriage of Humphries (Kan. Ct. App. 2020). “Analysis K.S.A. 2019 Supp. 23-3002(a) directs the district courts to follow the Kansas Child Support Guidelines when determining the amount parties should pay for child support.”
In re Marriage of Rees (Kan. Ct. App. 2021). “K.S.A. 2020 Supp. 23-3002. K.S.A. 2020 Supp.”
Matter of Marriage of Whildin, 444 P.3d 373 (Kan. Ct. App. 2019). “K.S.A. 2018 Supp. 23-3002(a). The guidelines include schedules that consider various data about income and expenditures to aid in properly assessing the income and expenditures involved in calculating child support.”
In the Matter of Pretz (Kan. Ct. App. 2023). “K.S.A. 2021 Supp. 23-3002(a); In re Marriage of Thurmond, 265 Kan.”
In re Marriage of K.C. & C.C. (Kan. Ct. App. 2024). “K.S.A. 23-3002(b) requires that a domestic relations affidavit and a child support worksheet to be filed in any motion requesting a child support order or a modification of child support.”
— K.S.A. § 23-3002(a) — 4 cases
In re Marriage of Humphries (Kan. Ct. App. 2020). “Analysis K.S.A. 2019 Supp. 23-3002(a) directs the district courts to follow the Kansas Child Support Guidelines when determining the amount parties should pay for child support.”
Matter of Marriage of Whildin, 444 P.3d 373 (Kan. Ct. App. 2019). “K.S.A. 2018 Supp. 23-3002(a). The guidelines include schedules that consider various data about income and expenditures to aid in properly assessing the income and expenditures involved in calculating child support.”
Matter of Marriage of Moler & Moler, 444 P.3d 1017 (Kan. Ct. App. 2019). “Our statute provides that "any provisions relating to" the support of minor children "shall be subject to the control of the court in accordance with all other provisions of this article.”
In the Matter of Pretz (Kan. Ct. App. 2023). “K.S.A. 2021 Supp. 23-3002(a); In re Marriage of Thurmond, 265 Kan.”
— K.S.A. § 23-3002(b) — 3 cases
In re Marriage of Ralph (Kan. Ct. App. 2021). “200) and K.S.A. 23-3002 by not filing a DRA or CSW with his motion.”
In re Marriage of L.S. & D.J. (Kan. Ct. App. 2024). “23- 3001 and K.S.A. 23-3002. A parent may move for such modification under K.”
In re Marriage of K.C. & C.C. (Kan. Ct. App. 2024). “K.S.A. 23-3002(b) requires that a domestic relations affidavit and a child support worksheet to be filed in any motion requesting a child support order or a modification of child support.”
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