Kansas Divorce With Children — Custody and Child Support (2026)

Kansas courts apply a "best interests of the child" standard for all custody and parenting time decisions.

Kansas Custody Framework

Legal Custody

• Joint legal custody: Both parents share major decisions — preferred in Kansas unless contrary to best interests
• Sole legal custody: One parent has decision-making authority — ordered when the other is unfit or cooperation is impossible

Residential Custody (Physical Custody)

• Primary residence: Child primarily lives with one parent
• Shared residential custody: Child spends substantial time with each parent — affects child support calculation

Best Interests Factors (K.S.A. § 23-3203)

Kansas courts consider all relevant factors including:

1. Each parent's role in caretaking
2. Desires of the child (if of sufficient maturity)
3. Desires of parents
4. Age of the child
5. Emotional ties between child and each parent
6. Interaction and interrelationship with parents and siblings
7. Child's adjustment to home, school, and community
8. Mental and physical health of all parties
9. Ability of the parties to communicate, cooperate in decisions, and support the other parent's relationship with the child
10. Willingness to allow visitation and involvement
11. Evidence of domestic violence or child abuse

Note: Courts may restrict or deny parenting time if domestic violence or child abuse is present.

Parenting Plan — Required in Separation Agreement

The Separation Agreement must include a complete Parenting Plan addressing:

• Legal custody designation
• Primary residential parent
• Regular parenting schedule (alternating weeks, or specific weekday/weekend schedule)
• Holiday and vacation schedule
• School and activity communication
• Healthcare decisions
• Transportation and exchange
• Relocation provisions
• Dispute resolution

Kansas Child Support — Income Shares Model

Kansas uses the income shares model — both parents' incomes contribute to the support obligation (K.A.R. § 20-121-20 et seq.).

Kansas Child Support Worksheet (form from kscourts.org):

1. Determine gross monthly income for each parent
2. Apply deductions (federal/state taxes, FICA, mandatory retirement, prior court-ordered child support)
3. Sum both parties' adjusted incomes
4. Find the basic support obligation from the Kansas Child Support Schedule (look-up table by combined income and number of children)
5. Allocate proportionally between parents based on their percentage of combined income
6. Add adjustments: health insurance premium (child's share), work-related childcare, substantial parenting time credit (if applicable)

Duration: Kansas support ends when child turns 18 or, if still in high school, upon graduation or turning 19 — whichever first occurs.

Income Withholding Order: Kansas courts routinely issue an IWO directing the employer to deduct support.

Last reviewed: March 2026 | K.S.A. § 23-3203 best interests | Joint legal custody preferred | Income shares child support | Kansas Child Support Worksheet | kscourts.org/Resources/Self-Help-Center | Support ends at 18/HS graduation | Income Withholding Order | "Maintenance" for alimony

Last reviewed: March 2026 · Verify current fees and forms with your local court before filing.