Kansas Child Support Guidelines Advisory Committee October 24, 2014 Approved Minutes Members present: Hon. Thomas Foster, Chair; Brian Mull; Amy Beardy; Hon. Constance Alvey; Doni Mooberry; Charles Harris; Hon. Amy Harth; Sherri Loveland. Staff: Mark Gleeson Review and Approval of Minutes from September 26, 2014 The minutes from the September 26, 2014, meeting were reviewed and amended. Charlie Harris made a motion to approve the minutes as submitted, Hon. Constance Alvey seconded, motion passed. Johnson County Family Law Guidelines – Draft A draft of the Johnson County Family Law Guidelines was presented to the committee. The document was prepared by the Johnson County Bar Association. Some of the issues are the same as the issues under consideration for the Child Support Guidelines (CSG). The committee requested that these guidelines not be finalized until after the Kansas CSG is completed. These guidelines, along with those from other counties, serve as a negotiation tool and as a suggestion for how child support and parenting time are established. They do carry some legal authority as a Douglas County judge was overturned for not following the Douglas County Guidelines. The goal is to not have any conflicts with the state guidelines but to create a document that serves, in part, as an explanation of the state guidelines. A problem may arise when there is a further explanation or additional definition of terms in the state guidelines. The committee will consider these guidelines again at the November 21st meeting. VA Disability As Income Charlie provided a “Revised Memo to the Committee” recommending that VA disability and SSI disability be counted as income. When a parent receives an SSI payment, the benefit is calculated as child support income. Charlie will draft language amending the Income section of the child support guidelines to define certain forms of VA Disability payments as income for purposes of calculating child support. Affordable Care Act Subcommittee Report The primary question – can the guidelines be prorated without violating the Affordable Care Act (ACA)? The committee wants to know what the actual cost for covering each child is. Is it the amount required to obtain family coverage, or is it the amount required to cover children divided by the number of children covered under the policy? Some companies are moving to a tier system that requires employees pay different amounts based on the number of children that are covered under the policy. 1
Mark will insert Charlie’s language into Melissa’s version and submit it to the subcommittee for review. Worksheet Amendments The committee proposed amending the child support worksheet to include instructions on page 2 clarifying that the judge is required to sign the approved worksheet. The committee discussed a problem that is occurring in some courts where the attorneys are signing the child support worksheet instead of the judge. It was suggested that the form be modified to clearly indicate that the line at the bottom of page 2 is intended for the judge’s signature and not the attorney. It was also suggested that Brad Short modify the form generated by his software to assure that the signature line is clearly indicated as the line for the judge’s signature and not the attorney’s signature. Judge Foster will contact Brad. Other Issues The committee will review the circumstances in cases awarding shared custody and craft language that prevents these orders from being overlooked by a subsequent child support order. These are typically unusual events but can cause significant differences in child support awards. Brian may write up a description and submit a proposal to the committee at the November meeting. Staff Report The child support guidelines page on the Kansas Judicial Branch’s website is expected to be updated by November 1. The schedule and minutes of the advisory committee meetings will be posted on the website. The committee requested that a Microsoft Word version of the guidelines be provided to committee members. Subcommittee Meetings The Equal Parenting Time subcommittee consists of Bill McCain, Judge Foster, Linda Elrod, Brian Mull, and Sherri Loveland. The committee noted that the impetus of the 80/20 Parenting Time Adjustment for Shared Residency was the 5, 10, 15 percent adjustment. This adjustment came about as a means to avoid litigation by providing a parent whose parenting time equals 35% or more with a credit for the time spent with the child. Time is calculated as total time minus time spent in school and day care. Next Meeting November 21, 2014, Kansas Judicial Center, OJA Conference Room Affordable Care Act subcommittee report. Proposal to amend worksheet with instructions to have the judge sign the worksheet.
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