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Endnotes

  1. The original child support guidelines, promulgated pursuant to K.S.A. 20-165 by the Supreme Court on October 1, 1987, were proposed by the Kansas Commission on Child Support following a two-year study. See Kansas Commission on Child Support, "Proposed Kansas Child Support Guidelines," 1987 (available in Kansas Supreme Court Law Library, Topeka, Kansas). The report includes a detailed background discussion, including the policy criteria upon which the original guidelines were based.

    The Child Support Guidelines Advisory Committee was initially appointed by the Supreme Court on April 7, 1989, to review the implementation of the statewide child support guidelines, solicit public input regarding the guidelines, and make recommendations to address the new federal mandates of the Family Support Act of 1988. The committee has been convened periodically to conduct a comprehensive review of the guidelines and to update the economic data. The current Advisory Committee's members are:

      Date First Appointed
    Hon. Nancy Parrish (Chair), Topeka
    District Court Judge, 3rd Judicial District
    07/01/97
    Hon. Thomas E. Foster, Olathe
    District Court Judge, 10th Judicial District
    05/24/01
    Hon. Thomas H. Graber, Wellington
    District Court Judge, 30th Judicial District
    04/07/89
    John T. Bird, Hays
    Attorney
    04/07/89
    Roy F. Brungardt, Hays
    Certified Public Accountant
    07/06/93
    Professor Linda Elrod, Topeka
    Washburn University School of Law
    04/07/89
    Charles F. Harris, Wichita
    Attorney
    04/07/89
    Dave Gregory, Wichita
    Parent
    05/24/01
    Gary Pomeroy, Lawrence
    Attorney, Child Support Enforcement
    05/24/01
    Sherri Loveland, Lawrence
    Attorney
    04/07/89
    Thomas C. Owens, Overland Park
    Attorney
    04/07/89
    Sen. Greta H. Goodwin, Winfield
    State Senator, 32nd District
    05/24/01
    Rep. Ward Loyd, Garden City
    State Representative, 123rd District
    05/24/01
    Larry Rute, Topeka
    Associates in Dispute Resolution
    04/07/89

    Past members of the Advisory Committee were:

      Date First Appointed
    Hon. Herbert W. Walton (Chairman), Olathe
    Administrative Judge, Retired, 10th Judicial District
    04/07/89-06/07/99
    Allen B. Angst, Abilene
    Attorney, Shared Primary Residency Parent
    07/06/93-06/30/00
    William Coffee, Olathe
    District Court Trustee
    07/01/97-06/30/01
    Jamie Corkhill, Topeka
    Child Support Enforcement
    09/01/96-06/30/00
    Jackie Fletcher, Kansas City
    United Way
    07/06/93-06/30/00
    James L. Francisco, Wichita
    State Senator, 26th District
    04/07/89-06/30/92
    Sheila Hochhauser, Manhattan
    State Representative, 67th District
    07/01/96-06/30/00
    Dr. Woody Houseman, Topeka
    Principal, Highland Park South Elementary
    4/07/89-06/30/96
    James R. Johnston, Wichita
    Nonprimary Residency Parent
    02/04/98-06/30/00
    David Kerr, Hutchinson
    State Senator, 34th District
    04/07/92-06/30/96
    Nancy K. Meacham, Wichita
    Attorney, Primary Residency Parent
    06/30/92-06/30/02
    Hon. Paul E. Miller, Manhattan
    District Judge, 21st Judicial District
    04/07/89-06/30/98
    Mike O'Neal, Hutchinson
    State Representative, 104th District
    07/19/95-06/30/99
    Mark Parkinson, Olathe
    State Senator, 23rd District
    07/09/95-06/30/00
    Richard Staub, Topeka
    Santa Fe General Offices
    04/07/89-06/30/96
    Joan Wagnon, Topeka
    State Representative, 55th District
    04/07/89-06/30/01
    Candace Lattin, Pratt
    Attorney, Child Support Enforcement

    Members of the original Kansas Commission on Child Support, appointed in December 1984 by then-Governor John Carlin:

    Ms. Lynn Barclay
    Kansas Children's Service League

    Hon. James G. Beasley
    District Court Judge, Wichita

    Ms. Peggy Browning
    Commission on Equal Status of Women, Wichita

    Hon. James P. Buchele
    District Court Judge, Topeka

    Professor Linda Elrod, Vice-Chairman
    Washburn Law School

    Hon. Robert G. Frey
    State Senator, 125th District

    Dr. Woody Houseman
    Topeka

    Hon. Tracy D. Klinginsmith
    District Court Judge, Holton

    Ms. Evelyn Leat
    Kansas City

    Mr. David Litwin
    Director of Taxation
    Kansas Chamber of Commerce & Industry

    Ms. Nancy Meacham
    Wichita

    Hon. Vic Miller
    Topeka

    Ms. Diane Nusbaum
    District Court Administrator, Junction City

    Mr. Larry Rute
    Kansas Legal Services, Inc.

    Mr. John Schneider
    Social & Rehabilitation Services
    Income Maintenance & Medical Services

    Dr. Howard Schwartz
    Judicial Administrator

    Mr. Richard Staub
    Santa Fe Railway Company

    Hon. Robert T. Stephan
    Attorney General

    Hon. Joan Wagnon
    State Representative, 55th District

    Hon. Herbert W. Walton, Chairman
    District Court Judge, Olathe

    Ms. Aileen Whitfill
    Policy & Program Development
    Social & Rehabilitation Services

  2. See Linda Henry Elrod, Kansas Child Support Guidelines: An Elusive Search for Fairness in Support Orders, 27 WASHBURN. L. J. 104, 120-25 (1987). Expenditures per child are assumed to increase with increases in parents' combined income, decrease per child as the total number of children in the family increases, and increase as the child grows older.
  3. William T. Terrell, Ph.D., is a consultant in private practice. Prior to his retirement, he served as an Associate Professor of Economics at Wichita State University, Wichita, Kansas. For an explanation of Dr. Terrell's economic model, see W.T. Terrell, "Expenditures on Children for Child Support: Economist as Policy Advisor" (paper presented to the Eastern Economic Association at Baltimore, Maryland, March 1989) (available in Kansas Supreme Court Law Library, Topeka, Kansas). See also Kansas Commission on Child Support, supra note 1, at 13-15.
  4. At the time of the review, Ann Coulson, Ph.D., held a position as an Assistant Professor in the Department of Human Development and Family Studies, Kansas State University, Manhattan, Kansas. The following sources were used to update the model: Bureau of Labor Statistics, Consumer Expenditure Survey Series: Interview Survey, 1986-87 (1989); U.S. Bureau of the Census, Current Population Reports, Household After-Tax Income: 1986, ser. P-23, No. 157 (1989); U.S. Department of Agriculture, Agricultural Research Service, Updated Estimates of the Cost of Raising a Child, Family Economics Review, No. 2 (May 1989). See Letter from Dr. Ann Coulson to Hon. Herbert Walton, February 21, 1990, at 1, 3 (available in Kansas Supreme Court Law Library, Topeka, Kansas).

    Adjustments were made to the national expenditure data to avoid double-counting certain expenditures, such as health care, health insurance, and child care services. Because social security was considered [as] a tax in the initial stage of the development of the schedule, the category of social security and pension plan contributions was also excluded so that the expenditure would not be counted twice. Additionally, the Committee excluded a number of expenditures considered to be discretionary or not attributable to children. Expenditures thus excluded were for alcoholic beverages, tobacco, vacation homes, boarding costs for children away at school, and cash contributions.

  5. See Child Support Guidelines Committee Report dated November 1993. Ann Coulson, Ph.D. prepared a description of the derivation of the 1993 child support schedules.
  6. The 2002 support schedule relies upon three data sources: Bureau of Labor Statistics, Consumer Expenditure Survey, 1999-2000 (integrated diary and interview components); United States Department of Agriculture, Mark Lino, Ph.D., Expenditures on Children by Families: 2001 Annual Report; United States Department of Health and Human Services, The 2002 HHS Poverty Guidelines, 67 (31) FED. REGISTER, (Feb. 14, 2002).
  7. See Terrell, supra note 3, at 7; Letter from Dr. Ann Coulson to Hon. Herbert Walton, February 21, 1990, supra note 4, at 2.
  8. Consumption spending means household outlays for consumer goods and services as opposed to the purchase of assets or savings accounts.
  9. This reduction involves subtracting the age 16-18 child's share of a total family burden at two points on the equation that relates average spending per the age 16-18 child to gross family income. Once the two lower points are determined, then the entire equation is reduced in order to compute the support schedules. For example, the one child aged 16-18 family calls for a reduction of $182 at the poverty level income of $1,300. Hence, the poverty level average spending of $430 becomes the schedule entry of $248. Similarly, at an income of $14,500 per month, average spending of $2,322 per child declines by $336 to the support amount of $1,986 (not shown in the schedule). The tabled values derive from an equation that passes through these two diminished values.
  10. The terms "custodial" and "noncustodial" have been removed from the guidelines and replaced with the terms "having primary residency" and "not having primary residency." This brings the Kansas Child Support Guidelines into conformity with K.S.A. 60-1610 et seq.

[History: Order No. 59 effective October 1, 1987; Order No. 70 effective October 13, 1989; Order No. 75 effective April 1, 1990; Order No. 83 effective February 6, 1993; Order No. 90 effective August 1, 1994; Order No. 107 effective January 1, 1996; Order No. 128 effective October 1, 1998; Order No. 180 effective January 1, 2004.]