Kansas Maintenance Twists

The 2020 iteration of the Kansas Child Support Guidelines adopted a couple of new twists on maintenance.

First, is the factor of when the maintenance order was entered — before or after January 1, 2019.  If the order was prior to 1/1/19, the maintenance paid is a deductible expense to the payor; taxable as Income to the recipient. Otherwise, it is neither deductible nor taxable.

Second, the Guidelines now provide for adjusting the amount of the maintenance by a percentage representing the marginal tax rate of each party (as to their side of the transaction) or a flat 25% by agreement.

Then, when you enter a maintenance amount, say $100, the program will increase the amount by the “marginal rate” adjustment (say 22% for Dad; 19% for Mom) and deduct $122 from Dad’s child support income while adding $119 to Mom’s CSI.

About Brad Short

CEO : Bradley Software; Of Counsel at Short, Borth & Thilges, Attorneys at Law, LLC, Overland Park, Kansas. Born Birmingham, Alabama, December 27, 1941; admitted to bar,1966, Kansas and U.S. District Court, District of Kansas; 1975, U.S. Court of Appeals, Tenth Circuit; 1976, U.S. Supreme Court. Education: University of Colorado (B.A., 1963; J.D., 1966). Contributing Author, Practitioner's Guide to Kansas Family Law, Kansas Bar Association, 1997. Listed in: The Best Lawyers in America, Family Law, every year from 1987 through 2013. Member, Technology Advisory Committee, Kansas Judicial Council, 1991-1998. Member: Bourbon County, 1966-1977 (President, 1970-1971), Johnson County (Member: Ethics and Grievance Committee, 1984-1998; Family Law Bench/Bar Committee, 1984-), Kansas and American (Vice-Chair, Solo Practitioners and Small Firms Committee, Economics of Law Practice Section, 1984-1985) Bar Associations; Kansas Trial Lawyers Association, 1974-1984 (State Treasurer, 1975-76; Member, Board of Governors, 1974-1984). Fellow, American Academy of Matrimonial Lawyers, 1994-2013 . Practice areas: Family Law.
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