An obligee or obligor seeking a modification of child support may contact a private attorney, complete pro se paperwork (which is available in the Clerk’s office on the 7th Floor of the Sedgwick County Courthouse), or apply to the Department of Children and Families (DCF) . Upon request DCF or the Court Trustee’s office will send a "modification packet" to the obligee and obligor. The packet consists of a modification questionnaire, child care statement, and Domestic Relations Affidavit. Parties are asked to return signed and completed documents, including copies of pay stubs and documentation of the cost of health insurance. After needed information is obtained from at least one of the parties, the case will be evaluated to determine if a modification is warranted under the Kansas Child Support Guidelines.
If a modification in child support appears to be warranted, the Court Trustee files a motion to modify child support. The court date is set usually 5-6 weeks after the Court Trustee files the motion.
Parties may also file their own Motions to Modify child support. These motions are generally heard by the court within 10-14 days after filing. However, it is important to keep in mind that a person filing a pro se motion is expected to gather necessary information and complete required documentation in order for the case to be heard. The court date for a hearing on a motion to modify child support filed pro se is usually 10-14 days after the filing of the motion.
IV-D REVIEW AND ADJUSTMENT OF SUPPORT ORDER AMOUNTS
Federal regulations state that reviews of child support orders are necessary every three (3) years. If there is an assignment of rights to the state, the case is reviewed every thirty-six (36) months after establishment of the order or the most recent review of the order.
The Department and Children and Families sends a notification every three (3) years asking if you would like your case reviewed for modification and if so to contact your CSS worker.