In Kansas, child support may be modified based upon a material change in circumstances since the original decree, or prior modification.  The person seeking the modification has the burden of proof  to show that there is a material change in circumstances.

Kansas courts recognize the following as a change in circumstances for modifying support:

1. Three years has passed since the last order
2. a pay increase or decrease of at minimum 10%
3. The child has attained age 7 or age 16
4. the child has become emancipated
5. Any other factors that have been considered a change in circumstances

The following are NOT a change in circumstances:

1. voluntary termination of higher paid employment to lower paid employment – this will only be considered a change in circumstances to reduce support if the party can convince the court that the termination was for rational and sufficient reasons and the party cannot obtain appropriate employment at a similar wage.
2. voluntary underemployment or unemployment – unless the parent can prove otherwise, a party who is deliberately unemployed or underemployed, will have income imputed to them at 40 hours per week, and the courts will most likely use past earnings or potential earnings to calculate child support
3. incarceration – incarceration, standing alone, is not legal justification for the suspension or modification of the parent’s child support obligation