How Much Back Child Support is a Felony in Kansas?
Introduction
In Kansas, the non-payment of child support can have severe consequences, including criminal charges and imprisonment. The amount of back child support that can lead to felony charges in Kansas is a crucial factor for parents who are delinquent in their support payments. In this article, we will explore the laws and regulations surrounding felony child support charges in Kansas and provide guidance on what parents can expect.
What is the Threshold for Felony Child Support in Kansas?
In Kansas, the threshold for felony child support is $10,000 or more in back child support. This means that if a parent owes $10,000 or more in outstanding child support payments, they can be charged with a felony. The exact threshold may vary depending on the circumstances of the case and the discretion of the prosecuting attorney.
Consequences of Felony Child Support Charges
If a parent is charged with felony child support, they can face serious consequences, including:
- Imprisonment: Felony child support charges can result in imprisonment for up to five years.
- Fines: Parents may be ordered to pay significant fines in addition to the back child support owed.
- Loss of Rights: In some cases, parents who are delinquent in their child support payments may lose their rights to their children.
- Stigma: A felony conviction can have long-term effects on a person’s reputation and ability to secure employment.
How is the Amount of Back Child Support Calculated?
In Kansas, the amount of back child support owed is calculated based on the parent’s income and the court-ordered child support payment amount. The calculation typically involves the following steps:
- Gross Income: The parent’s gross income is calculated, which includes all income from employment, self-employment, and other sources.
- Net Income: The parent’s net income is calculated by subtracting deductions, such as taxes and living expenses, from their gross income.
- Child Support Percentage: The parent’s net income is then multiplied by the child support percentage, which is typically set at 20% of the parent’s net income.
- Total Child Support: The result is the total child support payment amount, which is then multiplied by the number of months or years that the payment is overdue to calculate the total amount of back child support owed.
Examples of Back Child Support Calculations
| Parent’s Gross Income | Parent’s Net Income | Child Support Percentage | Total Child Support | Back Child Support Owed |
|---|---|---|---|---|
| $4,000 | $3,200 | 20% | $640 | $20,000 (4 years) |
| $8,000 | $6,400 | 20% | $1,280 | $40,000 (5 years) |
| $12,000 | $9,600 | 20% | $1,920 | $60,000 (6 years) |
What Can Parents Do to Avoid Felony Child Support Charges?
To avoid felony child support charges, parents can take the following steps:
- Pay Child Support on Time: Paying child support on time is crucial to avoiding back child support and potential felony charges.
- Modify Child Support Payments: If a parent is experiencing financial difficulties, they may be able to modify their child support payments to make them more manageable.
- Make Lump Sum Payments: Making lump sum payments can help reduce the amount of back child support owed and avoid felony charges.
- Seek Legal Advice: Parents who are struggling to make child support payments should seek legal advice to explore their options and avoid potential consequences.
Conclusion
In Kansas, the non-payment of child support can have severe consequences, including felony charges and imprisonment. Parents who owe $10,000 or more in back child support can be charged with a felony and face serious consequences. To avoid felony child support charges, parents should prioritize paying child support on time, consider modifying their payments, and make lump sum payments. By understanding the laws and regulations surrounding child support in Kansas, parents can take steps to avoid potential legal consequences and ensure the well-being of their children.
