K.S.A. » Chapter 23
Kansas Statutes Annotated

K.S.A. § 23-3005 (2026)

Modification of child support

✓ current as of May 2026
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23-3005. Modification of child support. (a) Subject to the provisions of K.S.A. 23-36,207, and amendments thereto, the court may modify any prior child support order, including any order issued in a title IV-D case, within three years of the date of the original order or a modification order, when a material change in circumstances is shown, irrespective of the present domicile of the child or the parents. If more than three years has passed since the date of the original order or modification order, a material change in circumstance need not be shown.

(b) The court may make a modification of child support retroactive to the first day of the month following the filing of the motion to modify. Any increase in support ordered effective prior to the date the court's judgment is filed shall not become a lien on real property pursuant to K.S.A. 60-2202, and amendments thereto, until the date of the order.

History: L. 2011, ch. 26, § 34; L. 2012, ch. 162, § 47; L. 2014, ch. 116, § 8; July 1.

Notes of Decisions
Cited in 22 cases (13 in the last 5 years), 2013–2025 · leading case: In Re the Marriage of Johnson, 336 P.3d 330 (Kan. Ct. App. 2014).
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In Re the Marriage of Johnson, 336 P.3d 330 (Kan. Ct. App. 2014). · cites it 31× “K.S.A. 2013 Supp. 23-3005(b), which governs the extent that a modification of child support can be applied retroactively, does not prohibit the district court from assessing a sanction under the Kansas Child Support Guidelines § V.”
State v. Hendricks, 372 P.3d 437 (Kan. Ct. App. 2016). “See K.S.A. 2013 Supp. 23-3001 (child support terminates when a child turns 18 unless the child hasn’t yet graduated from high school or tire parents have agreed otherwise); K.”
Carman v. Harris, 485 P.3d 644 (Kan. 2021). · cites it 5× “Under article 30 of chapter 23 of the Kansas Statutes Annotated, later modification of a child support obligation is governed by K.S.A. 2020 Supp. 23-3005. But the modification permitted can be made retroactive only to the first day of the month following the motion to modify.”
In re Marriage of L.S. & D.J. (Kan. Ct. App. 2024). · cites it 29× “60-260(b), where the proper vehicle was to simply reform the agreement under K.S.A. 23-3005. She further asserts that the district court failed to go far enough back in time when it backdated D.”
In re the Marriage of Stephenson, 308 P.3d 1270 (Kan. Ct. App. 2013). · cites it 2× “K.S.A. 2012 Supp. 23-3005(a). Otherwise, a change in circumstances is not legally necessary.”
In re Marriage of Ralph (Kan. Ct. App. 2021). · cites it 7× “In the district court, John acknowledged the requirements of K.S.A. 2019 Supp. 23-3002, K.S.A. 2019 Supp.”
In re Marriage of Madrigal (Kan. Ct. App. 2020). · cites it 4× “60-1610 (now K.S.A. 2019 Supp. 23-3005[b]). Lindsey's modification and sanctions motions In March 2017, Lindsey moved to modify child support based on a material change in Daniel's income.”
In re Parentage of N.P. (Kan. Ct. App. 2022). · cites it 4× “Under K.S.A. 2020 Supp. 23-3005(b), an order modifying child support can only be retroactive "to the first day of the month following the filing of the motion to modify.”
In the Matter of Pretz (Kan. Ct. App. 2023). · cites it 3× “Modification of child support is governed by K.S.A. 2021 Supp. 23-3005, which states courts may modify child support orders within three years of the original order or a modification order "when a material change in circumstances is shown.”
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 K.C. & C.C. (Kan. Ct. App. 2024). · cites it 2× “In addition, Mother's counsel pointed out that under K.S.A. 23-3005(b), the effective date of the modification was left it to the court's discretion and argued that it would be inequitable to make her child support obligation effective as of January 1, 2022, because Father had…”
State of Kansas, ex rel., Sec'y of DCF v. C.L.H. (Kan. Ct. App. 2024). · cites it 2× “He asserts only that the original child support order be reversed so that the $40,000 he owes be forgiven and removed from his credit report.”
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— K.S.A. § 23-3005(a) — 7 cases
In re the Marriage of Stephenson, 308 P.3d 1270 (Kan. Ct. App. 2013). “K.S.A. 2012 Supp. 23-3005(a). Otherwise, a change in circumstances is not legally necessary.”
In re Marriage of L.S. & D.J. (Kan. Ct. App. 2024). “60-260(b), where the proper vehicle was to simply reform the agreement under K.S.A. 23-3005. She further asserts that the district court failed to go far enough back in time when it backdated D.”
In the Matter of Pretz (Kan. Ct. App. 2023). “Modification of child support is governed by K.S.A. 2021 Supp. 23-3005, which states courts may modify child support orders within three years of the original order or a modification order "when a material change in circumstances is shown.”
In re Marriage of Madrigal (Kan. Ct. App. 2020). “60-1610 (now K.S.A. 2019 Supp. 23-3005[b]). Lindsey's modification and sanctions motions In March 2017, Lindsey moved to modify child support based on a material change in Daniel's income.”
In re Marriage of Poggi (Kan. Ct. App. 2020).
— K.S.A. § 23-3005(b) — 13 cases
In Re the Marriage of Johnson, 336 P.3d 330 (Kan. Ct. App. 2014). “K.S.A. 2013 Supp. 23-3005(b), which governs the extent that a modification of child support can be applied retroactively, does not prohibit the district court from assessing a sanction under the Kansas Child Support Guidelines § V.”
In re the Marriage of Stephenson, 308 P.3d 1270 (Kan. Ct. App. 2013). “K.S.A. 2012 Supp. 23-3005(a). Otherwise, a change in circumstances is not legally necessary.”
In re Marriage of L.S. & D.J. (Kan. Ct. App. 2024). “60-260(b), where the proper vehicle was to simply reform the agreement under K.S.A. 23-3005. She further asserts that the district court failed to go far enough back in time when it backdated D.”
Carman v. Harris, 485 P.3d 644 (Kan. 2021). “Under article 30 of chapter 23 of the Kansas Statutes Annotated, later modification of a child support obligation is governed by K.S.A. 2020 Supp. 23-3005. But the modification permitted can be made retroactive only to the first day of the month following the motion to modify.”
In re Marriage of Ralph (Kan. Ct. App. 2021). “In the district court, John acknowledged the requirements of K.S.A. 2019 Supp. 23-3002, K.S.A. 2019 Supp.”
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