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Kansas Family Law Questions & Answers

1 Answer | Asked in Contracts, Family Law and Tax Law for Kansas on

Q: I was a nanny for a family without a written agreement. They did not tell me they were not going to withhold federal tax

I was a nanny for a family without a written agreement. They did not tell me they were not going to withhold federal taxes from my paychecks, so I am not being hit with their W2 form and a $600-$1500 fee to the IRS because they did not withhold those federal income taxes. Aside from this, I am now... Read more »

Scott C. Stockwell answered on Feb 26, 2018

A nanny who works in the home and is paid more than $2,100 (2018 amount, $2,000 2017 amount) should have taxes withheld and the employer's contribution for Social Security paid by the employer. Under the federal Fair Labor Standards Act (FLSA), an employee is entitled to a minimum wage, time and a... Read more »

1 Answer | Asked in Tax Law, Family Law and Child Custody for Kansas on

Q: Per the parenting plan we alternate years. But my ex claimed my daughter on her taxes and I have no form 8332. Options?

My ex and I are supposed to alternate years claiming our daughter on taxes. This is the second time she has beaten me to filing and claimed her anyways. I understand the IRS won't make her fix her taxes without a signed form 8332. I don't have this. What are my options?

Linda Simmons Campbell answered on Feb 8, 2018

Your only option is to take her back to court to enforce your divorce agreement.

1 Answer | Asked in Family Law, Domestic Violence and Personal Injury for Kansas on

Q: Im 19 and since i was kid i was abused I lost my job at 17 and am still house bounfd with mental illness.can i still sue

Peter N. Munsing answered on Dec 19, 2017

Yes, though the mental illness will cloud the claim.

1 Answer | Asked in Estate Planning, Family Law and Probate for Kansas on

Q: My 4 children's father recently passed away. His current wife says their is no will but he showed it to me beforehand.

She is now selling the house and getting rid of possessions I

Feel my kids have rights to. What do I do and how do I find out where the will is.

Scott C. Stockwell answered on Sep 5, 2017

If you or your children know who the attorney was that drafted the will, you could reach out to that attorney and ask for the original or a copy. If the original is not found, one of your children could ask the court to probate the lost will, if its contents are known. There is a presumption that a... Read more »

1 Answer | Asked in Family Law and Probate for Kansas on

Q: how can i find out about my dads estate

Scott C. Stockwell answered on Sep 1, 2017

My condolences for your loss. If a probate case has been filed, the Clerk of the District Court in the county in which he resided can provide the file contents to you. As an heir at law, you should have received notice of any probate estate that has been filed in the district court. If there is a... Read more »

1 Answer | Asked in Estate Planning, Family Law and Elder Law for Kansas on

Q: I need help on how to get my mother'ss property.

My stepsister was my mothers power of attorney when she was alive. she passed away on May 2nd. I have asked for a will several times, she doesn't respond. My mother didn't adopt her, and my mother has been divorced from her father for over 20 years. no probate has been filed. what do I do? I... Read more »

Scott C. Stockwell answered on Sep 1, 2017

You describe a situation in which you believe "fraud" may have occurred and that possibly a person who acted in a fiduciary capacity may have taken advantage of your mother who was in a diminished capacity. As an heir at law of your mother, you have an interest in her estate and may file a petition... Read more »

1 Answer | Asked in Estate Planning and Family Law for Kansas on

Q: Why would a sibling file a determination of descent petition as a plaintiff in a family farm vs. her brothers?

I want to find out if she is sealing her inheritance or questioning the sale of the farm.

Scott C. Stockwell answered on Aug 4, 2017

A determination of descent is a proceeding in probate court to determine the heirs of law of a person who has passed away and to enter an order transferring the assets of the estate to those heirs at law in accordance with the laws of intestacy. If there had been a will, it should have been filed... Read more »

1 Answer | Asked in Family Law, Elder Law and Probate for Kansas on

Q: I am a DPOA and need to ask some questions re: responsibility and authority in this capacity. McPhrson County, Kansas.

Is there a legal aid type service in McPherson County, KS?

Scott C. Stockwell answered on Jun 22, 2017

The Kansas Elder Law Hotline provides assistance to senior citizens aged 60 and over and to the persons who provide assistance to them. The phone number of the Kansas Elder Hotline is 888-353-5337.

1 Answer | Asked in Gov & Administrative Law, Public Benefits and Family Law for Kansas on

Q: I am about to start receiving ssdi in Missouri and have received a letter from the state of Missouri saying I owe 20,000

in back child support. My children are grown! What is happening?

Peter N. Munsing answered on Aug 4, 2016

You need to get a statement of what it's for--how they arrived at the figure. Maybe you had arrearages? Once you find out contact legal services in your county.

1 Answer | Asked in Family Law for Kansas on

Q: If you are in a common-law marriage doees it have to be stated on a legal document in state of Kansas

Terrence H Thorgaard answered on Nov 10, 2015

What sort of legal document, and for what purpose?

"Kansas

Under Kansas Statute 23-2502, both parties to a common-law marriage must be 18 years old. The three requirements that must coexist to establish a common-law marriage in Kansas are: (1) capacity to marry; (2) a present...
Read more »

1 Answer | Asked in Family Law for Kansas on

Q: My fiance and I bought a home together, we just separated. What money is she entitled to? I made the whole down paymen

We purchased a home in 2012. Together for many years. I made 100% of the 20% down payment (30 thousand dollars) we both then made equal payments of 325$ (total monthly was 750$. All the way to this point. Caught her cheating on me, she left. Credit is not excellent to get her off the house,... Read more »

Robert Jason De Groot answered on Oct 29, 2015

She can probably hire a lawyer to bring a partition action. That basically means that yes, a judge can force you to sell the property and divide the proceeds according to the law in Kansas. How much has the property increased in value since you purchased it? Perhaps you should offer her one half of... Read more »

1 Answer | Asked in Family Law for Kansas on

Q: if my child is not legitimized I still have my mother rights and he is in state custody can I take him out of the state?

what are the legal consequences and can I get full custody in another state or will me leaving the state with my child give me the full custody I am looking for because the case cant go on without the child ?

Robert Jason De Groot answered on Oct 27, 2015

You should have a full discussion with a local family lawyer before you do anything.

1 Answer | Asked in Family Law for Kansas on

Q: My husband is in lansing ks prison we have no assets together or children what is the procedure I need to follow

Kenneth McRae answered on Apr 11, 2015

You will need to file a Petition for Dissolution of Marriage in District Court. You will then need to arrange to serve a copy of the pleadings on your husband in prison. Depending on how long you have been married there may be issues of property and debt, even if you maintained everything is... Read more »

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