Can You Get Back Child Support in Kansas?

In paternity cases, a judgment for past due child support can be obtained.

Generally, this is not possible in divorce cases. A paternity case is filed when the court

needs to enter child support or parenting time orders, but the child was not born during

a marriage.

Under K.S.A. 20-165, the mother can recover pregnancy related expenses from

the time of conception to the time of birth, but she has the burden to prove all of her

expenses, i.e., by showing receipts / invoices for out-of-pocket medical costs, proving

lost wages, etc. It is discretionary with the court to grant mother’s request, or in other

words, the court does not have to grant the request but may decide to grant the request.

Once the child is born, that triggers another statute, K.S.A. 23-2215, which states

that the court may enter a past due child support order from the time of birth to the time

the child support order is entered prospectively. “Prospectively” means a current order

moving forward. Again, it is up to the court’s discretion to grant this requested relief.

This statute gives the court the discretion to grant a large judgment (depending on the

individual facts of each case) if there has been an extended time between the time of

birth and the time the prospective child support order is entered.

The distinction between asking for past due child support for an unborn child and

once a child is born is that the mother no longer has the burden to prove expenses,

because the statute says the prospective monthly child support amount is presumed to

be the monthly child support amount back to the time of birth. This means that it is

easier to make a claim for past due child support after the child is born.

Lastly, the statute says the court “shall” award child support from the date a

presumption arose. A presumption can arise by a man consenting to be on a child’s

birth certificate, genetic testing shows 97% probability of paternity, the man publicly

acknowledges paternity, or other reasons (see K.S.A. 23-2208). The word “shall”

means that the court is required to order past due child support from the date the

presumption arose, unless an affirmative defense is proved by the father. There will

need to be evidence of the presumption arising, such as a birth certificate or voluntary

acknowledgment of paternity.

As you can see, the law on past due child support is a web of rules which can

allow for very different outcomes, depending on the specific facts of each individual

case. Matthew K. Mantyla represents mothers seeking to maximize a past due child

support award and also represents fathers seeking to limit their legal exposure in

regards to past due child support.

Contact Matthew K. Mantyla Penner Lowe Law Group at 316-847-8847 to schedule a confidential consultation regarding your specific circumstances.

This article is for general informational purposes only and is not intended as legal advice.