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Kansas Questions & Answers
1 Answer | Asked in Civil Litigation and Internet Law for Kansas on
Q: What are the limitations for use of public information?

I am sure this is multifaceted but was wondering if things that are public information such as social media, active flight trackers, jail logs, etc. able to be misused? What are the limits to the public records act? I know for some records you must identify yourself and if you do not then records... View More

James L. Arrasmith
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answered on Feb 25, 2024

While public information such as social media posts, flight trackers, and jail logs are accessible to anyone, there are limitations to how this information can be used. Misuse of public information can occur when it is used in ways that infringe upon privacy rights, harass individuals, or violate... View More

1 Answer | Asked in Child Support and Family Law for Kansas on
Q: How does child support work in Kansas? Can my ex-wife come after monies over 40 hours a week?
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answered on Feb 8, 2024

In Kansas, child support calculations are based on several factors, including both parents' incomes, the number of children, and the time each parent spends with the children, among other considerations. The state uses specific guidelines to determine the amount of child support, aiming to... View More

1 Answer | Asked in Cannabis & Marijuana Law for Kansas on
Q: I have a medical marijuana card in Missouri. I am trying to expunge a PID in Kansas. Will I fail UA with THC in my body?

The charge is for selling THC concentrate, no prior crimes, non violent.

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answered on Feb 7, 2024

In Kansas, if you are undergoing the process to expunge a Possession with Intent to Distribute (PID) charge related to THC concentrate and are subjected to a urine analysis (UA) that tests positive for THC, this could potentially complicate your situation, despite having a medical marijuana card... View More

1 Answer | Asked in Estate Planning and Probate for Kansas on
Q: Can a conservator change the beneficiaries of a conservatee's life insurance policy in KS?

My father's conservator--his mother--was named the sole beneficiary of his million dollar life insurance policy rather that his six children. He was the one who created that life insurance policy back when he was well. This isn't a policy that the conservator made after she took over his... View More

Anthony M. Avery
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answered on Feb 7, 2024

You will need a KS attorney to represent you. But generally any transaction involving the ward's property going to the fiduciary is presumptively fraudulent. That is the conservator will have the burden of proving his taking the property was for the benefit of the ward. But someone with... View More

1 Answer | Asked in Banking for Kansas on
Q: Refund check from vehicle service contract was made out to me instead of lender. Can I cash it?

I recently financed a vehicle and included in the financing total was a vehicle service contract. I cancelled the contract after having second thoughts. The dealership made the check out to me. Can I legally cash the check and keep the funds or does the bank receive it. Thanks

James L. Arrasmith
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answered on Feb 5, 2024

Based on the facts provided, legally the refund check should be paid to the lender, not directly to you. Here's why:

- The vehicle service contract was likely part of the total loan financing with the bank, so they technically own that portion of the loan.

- By cashing the...
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1 Answer | Asked in Car Accidents and Personal Injury for Kansas on
Q: I live in Missouri and was rear ended on my motorcycle at a red light in Kansas.

The other person’s insurance company did not provide me with a rental and after 14 days they totaled it. I have since lost my job. Is medical part separate or is medical and the accident lumped together?

David Adams
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David Adams
answered on Feb 3, 2024

The other driver's insurance will be liable for your medical expenses, lost wages and pain/suffering damages - including future costs in those categories. It is very advisable that you talk to experienced legal counsel as soon as possible so that you do not short-change any recovery you may be... View More

1 Answer | Asked in DUI / DWI for Kansas on
Q: When it comes to a DUI, do they have to write you a ticket for what they pulled you over for?

I didn’t get any traffic tickets for getting pulled over

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answered on Feb 1, 2024

In Kansas, law enforcement officers are required to have probable cause to initiate a traffic stop, which means they must have a reasonable suspicion that a traffic violation or other offense has occurred. However, the failure to receive a traffic ticket at the time of the stop does not necessarily... View More

1 Answer | Asked in Adoption, Child Custody and Family Law for Kansas on
Q: Is it possible for a biological mother to Precede in adopting her biological child, while child still awared of to state

I found my son could it be possible the biological mother wanted to revoke having to sign her rights over due to complicated situation's

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answered on Jan 30, 2024

In Kansas, a biological mother may have the possibility of adopting her biological child, even if the child is currently in the custody of the state, under certain conditions. This process typically involves the mother demonstrating a significant change in circumstances or improvements in the... View More

1 Answer | Asked in Car Accidents for Kansas on
Q: Someone hit my car with a U-Haul, but I’m going to have to be the one to pay for it?

They were moving into my apartment building when they backed into my car. I went out and got their info immediately and made a claim with my insurance and theirs as well. I dealt with his insurance for almost a month and now they’re telling me that they won’t be able to cover it at all and that... View More

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answered on Jan 29, 2024

In Kansas, consider several steps if you're facing repair costs for your car hit by a U-Haul truck where the driver lacked proper insurance. First, check if your auto insurance includes uninsured motorist coverage, which could cover such incidents. If this is not viable, you can file a lawsuit... View More

1 Answer | Asked in Social Security for Kansas on
Q: How can the Social Security examiners set requirements for applicants that they know are impossible to meet?

An application for disability has been made and the primary condition is Agoraphobia. The SS examiners are insistent on having an examination at a DR's office in a different town and continue to deny the application for missed appointments. Agoraphobia is an approved condition for receiving... View More

James L. Arrasmith
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answered on Jan 24, 2024

The situation you're describing with the Social Security Administration (SSA) and a disability application for agoraphobia is indeed challenging. The SSA requires medical examinations to determine eligibility for disability benefits, but this can create a paradoxical situation for conditions... View More

1 Answer | Asked in Estate Planning for Kansas on
Q: I have a large collection of audiobooks. Is there a way I can leave them to someone after I pass away?
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answered on Jan 22, 2024

Leaving a collection of audiobooks to someone after you pass away can be a bit complicated, as it depends on the nature of your ownership of these audiobooks. If you physically own these audiobooks, such as CDs or other tangible media, you can include them in your will like any other physical... View More

1 Answer | Asked in Collections for Kansas on
Q: Is a debt collector required to convey a settlement offer from the debtor to the creditor?
Barry W. Kaufman
Barry W. Kaufman
answered on Jan 20, 2024

Not necessarily. The creditor can tell the debt collector something like "don't bother me with offers of less than 50%" or "regardless of what the debtor offers, don't bother transmitting offers if the debtor cannot pay in one payment".

1 Answer | Asked in DUI / DWI for Kansas on
Q: Why was my son given a harsher penalty for Minor DUI than usual?

My son blew a 0.04, his license was suspended for 30 days, the state gave him 180 day restriction with an interlock. I was under the assumption that with a minor the interlock should only be given with a BAC of 0.08 or higher. Do I have the right to appeal this?

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answered on Jan 24, 2024

If your son received a harsher penalty for a Minor DUI (Driving Under the Influence) than what you expected, it's important to understand that DUI laws and penalties can vary by jurisdiction. In Kansas, as in many states, the penalties for underage DUI are often different than for individuals... View More

1 Answer | Asked in DUI / DWI for Kansas on
Q: 16 yr old underage son license suspended for DUI in Kansas

They gave him 30 days suspension, 180 days restriction with an interlock. Is this common for the interlock to be given to a minor that blew 0.03?

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answered on Jan 19, 2024

In Kansas, it is relatively uncommon for a minor with a blood alcohol concentration (BAC) of 0.03 to be subjected to an interlock device, especially considering the legal limit for individuals under the age of 21 is 0.02. In the case of a 16-year-old whose license was suspended for DUI, the imposed... View More

1 Answer | Asked in Criminal Law and Constitutional Law for Kansas on
Q: I was took in for questioning yesterday. Do they record this? There was cameras in the room but not sure if they was rec

Upon getting questioned the sheriff told me they was paying for my vehicle to get towed. Now I have to pay it. Is this legal? Can she lie like this?

James L. Arrasmith
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answered on Jan 11, 2024

In many police departments, interrogations and questioning are recorded, either through audio or video equipment. If there were cameras in the room, it's likely the questioning was recorded. You have the right to request a copy of this recording, especially if it pertains to your case or any... View More

1 Answer | Asked in Tax Law and Real Estate Law for Kansas on
Q: My house was auctioned for delinquent property taxes. The new owner sent an eviction notice, and I tried to be moved out

but was unable to by the specified date. Dec 5 the new owner filed in small claims court asking for repossession of a home that they hadn't owned before Oct. Citing Kansas Landlord act and asking for rent and damages, pay their docket fee. How can the new owner act as if they are my landlord?... View More

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answered on Jan 8, 2024

In Kansas, when a house is sold at auction for delinquent property taxes, the new owner legally acquires the title to the property. From that point on, the new owner has certain rights over the property, including the right to possession. This is likely why the new owner is acting in a manner... View More

1 Answer | Asked in Family Law and Child Support for Kansas on
Q: we have a shared expense plan, and my ex is refusing to pay his half of one of the items on the list. Want should i do

so we had a hearing yesterday and got child support established but he is not paying his part of one of one of the items on shared expenses. Right now, he owes me about $900 dollars. I have spoken with him about it and he refuses to pay for any of it. What can i do to get the money that he owes me?

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answered on Jan 4, 2024

If your ex-spouse is refusing to pay his share of shared expenses, you may take several steps to address the situation. Start by documenting all communication attempts regarding the unpaid amount, including any messages or conversations where he refused to contribute. If there is a court order or... View More

1 Answer | Asked in Employment Law and Personal Injury for Kansas on
Q: My wife had a stroke at work and no one called 911 or called me to advise there was a problem communicating with her.

Her stroke is severe. Affected mentally.

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answered on Jan 4, 2024

In situations where an employee experiences a medical emergency at work, employers are generally expected to take prompt and appropriate action. Failure to call for emergency medical assistance or notify family members could potentially be considered a violation of duty of care or negligence.

1 Answer | Asked in Employment Law for Kansas on
Q: Can a employer keep pay from an employee for stay in a house they own or for bills
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answered on Jan 2, 2024

Under Kansas employment law, an employer is generally not allowed to deduct an employee's pay for housing or utility bills. Wages earned by an employee are protected, and deductions can only be made for specific reasons outlined by state and federal laws, such as taxes, Social Security, or... View More

1 Answer | Asked in Criminal Law for Kansas on
Q: What actions should I take against someone unbeknownst to me is trying to extort money from me?
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answered on Jan 2, 2024

If you believe you are a victim of extortion, it's important to take certain steps to address the situation. First, refrain from providing any money or personal information to the individual making the threats. Document all communication, including texts, emails, or any other form of contact,... View More

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