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Kansas Questions & Answers
1 Answer | Asked in Child Support and Family Law for Kansas on
Q: If my ex moves to Arkansas where I live, shouldn’t the support order end for Missouri?

My ex girlfriend filed for support in Missouri. Before the case was ordered, she moved here to Arkansas so my son could be closer to me. Shouldn’t that end the support order in Missouri?

John Michael Frick
John Michael Frick
answered on Feb 5, 2023

No. Under the Uniform Child Custody Jurisdiction Act, if Missouri had jurisdiction when the case began, it continues to have jurisdiction until a final order is entered.

Once a final order is entered, under the Full Faith and Credit Clause of the US Constitution, any other state must give...
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1 Answer | Asked in Bankruptcy and Immigration Law for Kansas on
Q: If I already applied for my father's green card and they approved me for affidavit support,can I file bankruptcy now?

My father is still waiting for his interview to get the visa. I don't know when the immigration visa center give the interview date that is final step ? So maybe after filing the bankruptcy, they reject my father's case? Please let me know what should I do? It is very hard situation and... Read more »

Timothy Denison
Timothy Denison
answered on Jan 16, 2023

I would wait until he has his green card and is completely through the process before filing bankruptcy.

1 Answer | Asked in Trademark for Kansas on
Q: I want to sell handmade goods such as jewelry, clothes, art, etc. under my brand. What class do I choose to trademark?

All of my goods would be handmade by me but the goods vary from handmade clothing, paintings, and jewelry. I am curious if there is a class that covers these as a whole? I would like to pay as less as possible because I understand each class is $350. I would be selling all of these handmade... Read more »

Fritz-Howard Raymond Clapp
Fritz-Howard Raymond Clapp PRO label
answered on Jan 12, 2023

Jewelry is in International Class 014, apparel is in IC 025, and art/paintings is in IC 016. If the application is filed using TEAS Plus, the filing fee is $250 per class. TEAS Plus applications have a lower fee but more requirements than TEAS Standard, explained here:... Read more »

1 Answer | Asked in Bankruptcy and Foreclosure for Kansas on
Q: If my husband filed bankruptcy and it was dismissed without prejudice and we file jointly now, will the automatic stay

Only apply to me? Will I get the full stay? Or if it doesn't can I file alone and get it?

David Luther Woodward
David Luther Woodward
answered on Jan 8, 2023

Your bankruptcy lawyer can answer that more accurately than someone on a Q&A site like this. The re-filer needs to ask to have the stay reimposed, but the new filer doesn't. How the court handles it will to a large extent depend on the district you are in and who is your judge.

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2 Answers | Asked in Bankruptcy and Foreclosure for Kansas on
Q: Can I file bankruptcy to stop a foreclosure if I am the spouse. The judgement from the bank is in both our names.

The mortgage is only in my husband s name

W. J. Winterstein Jr.
PREMIUM
W. J. Winterstein Jr.
answered on Jan 6, 2023

If you are named on the deed, you have a legal interest in the home that the bankruptcy stay will protect.

Even if you are not named on the deed, the fact that you live in the house (assuming you do), then you have at least a possessory interest in the home that is also protected by the...
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1 Answer | Asked in Employment Law for Kansas on
Q: Can an employer require you to stay in the building when you are clocked out for your 30 minute break?

I work for an assisted living facility when there legally must be 5 staff in the building at all times. They are mandating a 30 minute break but since they're not staffing enough employees we are not allowed to leave the building when we take our required 30 minute break. Is this legal? I was... Read more »

Rhiannon Herbert
Rhiannon Herbert
answered on Dec 16, 2022

As long as you are completely relieved from any work duties during your 30-minute break, your employer can require you to remain in the building. If, however, your employer requires you to stay in the building because your break is frequently interrupted by performing work if needed, then you... Read more »

2 Answers | Asked in Bankruptcy and Consumer Law for Kansas on
Q: We contacted lender to voluntarily repo our truck. We then parked it where it could be towed and dropped the insurance

The next day the truck was gone and we thought the lender took it. Several days later the lender said they did not have the truck and it must be stolen and to report it to the police which we did. The truck has not been located. Now the lender is contacting us. What are our options?

Peter Christopher Lomtevas
Peter Christopher Lomtevas
answered on Dec 15, 2022

Without seeing the loan agreement that discusses remedies in the event of theft, perhaps the asker owes the full cost of the vehicle minus payments made.

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1 Answer | Asked in Employment Law and Social Security for Kansas on
Q: My husband was just awarded SSD benefits. Now, the company that was paying his LTD wants all their money back.

SSD - Social Security Disability, LTD - Long Term Disability. Is it legal for MetLife to make him pay back their money? This was insurance that he was paying for out of his paychecks, from his former employer.

Elizabeth Fowler Lunn
PREMIUM
Elizabeth Fowler Lunn
answered on Dec 9, 2022

Most LTD policies contain an offset provision for Social Security benefits.

Before you receive your SSDI benefits, the LTD company is paying the full benefit amount. If SSA then awards backpay for months that you were already getting the full payment amount for LTD, you generally owe them...
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1 Answer | Asked in Bankruptcy for Kansas on
Q: Situation: chapter 13 debtor passes away before closing of case. Executor of estate, debtor's daughter, assumes

Responsibility. Debtor's sibling pays remainder of case with agreement all property released from case goes to him. Estate executor lies and withholds some property. What can sibling do to receive said property? Is this fraud in any form?

Timothy Denison
Timothy Denison
answered on Dec 8, 2022

It is fraud in every form and the debtors sibling should file suit against the estate and the executor personally.

1 Answer | Asked in Intellectual Property and Trademark for Kansas on
Q: I am starting a clothing line for my brand that covers Kansas City Chiefs news. Can I use logos, player names, etc?

Will I run into any legal trouble if I use the Chiefs logo, specific player names, past logos, or such on my clothing? A better way to say it is what can't I include and what can I include. Thank you.

Erik Špila
Erik Špila
answered on Nov 30, 2022

The answer/answers to your question/questions depend on various further details that must be presented from your side first so the advice can be given based on all relevant case information.

What I can definitely say, from the point of view of intellectual property law and trademark law, it...
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1 Answer | Asked in Personal Injury for Kansas on
Q: How do I check status of my Missouri tort case ??
Tim Akpinar
Tim Akpinar
answered on Oct 20, 2022

A Missouri attorney could advise best, but your question remains open for two weeks. The most direct way is to check with your attorney if you are represented in the matter. If you're handling your case on your own and an insurable interest is involved, the claim examiner for the carrier... Read more »

1 Answer | Asked in Trademark for Kansas on
Q: Renew canceled trademark Serial #74243639 Reg # 1841315. What would that cost?

Can I preform myself?

Fritz-Howard Raymond Clapp
Fritz-Howard Raymond Clapp PRO label
answered on Oct 12, 2022

That registration for the mark DOGTAGS used for trading cards was cancelled in 2005, for failure to file the required statement of continuing use, and cannot be revived or renewed.

You could file a new application to register the mark and include the reference to the prior registration, but...
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2 Answers | Asked in Bankruptcy for Kansas on
Q: I bought a car one year ago & never registered it..thinking about applying a chapter 7…I am going to surrender the car

Is it best to surrender the car or do a reaffirm agreement?

David Adams
PREMIUM
David Adams
answered on Oct 8, 2022

You would have the option to 1) surrender and owe nothing further, 2) keep making the monthly payments but not reaffirm, or 3) to keep making the monthly payments and reaffirm. You would likely only want to reaffirm under limited circumstances - mainly only if the vehicle was worth a good bit more... Read more »

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1 Answer | Asked in Products Liability, Business Law and Small Claims for Kansas on
Q: Are there any cases where someone got flex seal in there hair and sued the company and won there case
Tim Akpinar
Tim Akpinar
answered on Sep 4, 2022

A Kansas attorney could advise best, but your question remains open for two weeks. Until you're able to discuss recent case law decisions from Kansas courts with a local attorney, it sounds like it could be a difficult basis for a case. With adhesives and sealants, it's a given that they... Read more »

1 Answer | Asked in Estate Planning for Kansas on
Q: I’m in Kansas and am the beneficiary of my deceased parents ( now irrevocable) trust. My mom had a credit card.

Do I legally have to pay it when I did not creat the debt

Scott C. Stockwell
Scott C. Stockwell
answered on Aug 20, 2022

In Kansas, creditors have six months from the date of death, or, if an estate is opened within six months of the date of death, four months from the date of first publication, to file a claim in the probate estate. If an interested party has not petitioned to open the estate, the creditor has... Read more »

1 Answer | Asked in Probate for Kansas on
Q: Can an out of state relative named in will as the executer of a deceased from Kansas file for a letter of testamentary?
Scott C. Stockwell
Scott C. Stockwell
answered on Aug 11, 2022

Yes. K.S.A. 59-1706 permits an out-of-state fiduciary to be appointed. The fiduciary must appoint a resident agent who resides in the county where the case is located.

1 Answer | Asked in Criminal Law and Cannabis & Marijuana Law for Kansas on
Q: I am trying to get expunged. My probation was supervised and I got the 30 for 30 program, am I still on Probation?

I know where I am confused, due to this is my 1st offense.

I don't know if I'm still on P&P... Nor when I can start procedures to get expungement

Scott C. Stockwell
Scott C. Stockwell
answered on Aug 4, 2022

Most offenses in Kansas may be expunged if the conditions set forth in the expungement statute (K.S.A. 21-6614) are met. Depending upon the specific crime, there is a waiting period of three or five years (with a few exceptions of one, seven and ten year waiting periods) from completion of... Read more »

1 Answer | Asked in Employment Law and Employment Discrimination for Kansas on
Q: i recently quit a job and im afraid they are going to hold my check because they are trying to accuse me of stealing...

money from them but have absolutely no proof.

Scott C. Stockwell
Scott C. Stockwell
answered on Aug 4, 2022

The Kansas Department of Labor enforces wage and hour laws in Kansas. Generally speaking, an employer cannot withhold wages for a purpose other than tax, Social Security, and Medicare withholdings or a garnishment pursuant to a court-ordered judgment without an agreement with the employee.... Read more »

1 Answer | Asked in Contracts, Real Estate Law, Business Law and Civil Litigation for Kansas on
Q: Can an 'adminstratively dissolved' non profit continue to make and enforce contracts?

Our HOA was administratively dissolved in 2009. We bought our home in 2020. The HOA has yet to reinstate their conpany and are trying to collect dues from us.

Matthew Morris
Matthew Morris
answered on Jul 24, 2022

A short answer is "no and yes."

Here's a longer answer: Any corporation in Kansas, including a nonprofit corporation, will generally lose their ability to engage in the purpose for which they were formed once they have been administratively dissolved. That's the...
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1 Answer | Asked in Health Care Law and Insurance Bad Faith for Kansas on
Q: Can a company say yes we can do that then when they get there change the terms?

My mother wanted to buy her oxygen concentrator out right her doctor's office called companies for her one company said they could do it but when they got to her house they wanted her to rent it for a year and then she could buy it. there were other companies who could do it out right they... Read more »

Tim Akpinar
Tim Akpinar
answered on Jul 20, 2022

A Kansas attorney could advise best, but your question remains open for four weeks. It sounds like you're making a case for something along the lines of misrepresentation. But in these settings, the other side could argue that there was a misunderstanding as to what was said, or what was... Read more »

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