Kansas Family Law Questions & Answers

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

1 Answer | Asked in Contracts, Family Law and Tax Law for Kansas on
Answered on Feb 26, 2018
Scott C. Stockwell's answer
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 half for overtime (in excess of forty hours per week.) https://www.dol.gov/whd/flsa/index.htm . The Department of Labor's information about filing a complaint may be found at:...

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

1 Answer | Asked in Tax Law, Family Law and Child Custody for Kansas on
Answered on Feb 8, 2018
Linda Simmons Campbell's answer
Your only option is to take her back to court to enforce your divorce agreement.

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

1 Answer | Asked in Estate Planning, Family Law and Probate for Kansas on
Answered on Sep 5, 2017
Scott C. Stockwell's answer
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 There is a presumption that a lost will was revoked or destroyed by the decedent intentionally, but that presumption may be overcome by affirmative evidence to the contrary.

In Kansas, the heirs at law are the children...

Q: how can i find out about my dads estate

1 Answer | Asked in Family Law and Probate for Kansas on
Answered on Sep 1, 2017
Scott C. Stockwell's answer
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 will, the person in possession of the will has an obligation to file the will with the court within six months of the date of death (and you should receive notice of that filing as well). As an heir at...

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

1 Answer | Asked in Estate Planning, Family Law and Elder Law for Kansas on
Answered on Sep 1, 2017
Scott C. Stockwell's answer
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 to probate her estate. If no will exists, your mother's estate would pass under the laws of intestacy and would pass to you and any siblings you may have, or to the heirs at law of any predeceased...

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

1 Answer | Asked in Estate Planning and Family Law for Kansas on
Answered on Aug 4, 2017
Scott C. Stockwell's answer
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 with the probate court within six months from the date of death. If the will was valid, its terms would have controlled who received the assets (subject to spousal rights, if any). If no probate estate...

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

1 Answer | Asked in Family Law, Elder Law and Probate for Kansas on
Answered on Jun 22, 2017
Scott C. Stockwell's answer
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.

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

1 Answer | Asked in Gov & Administrative Law, Public Benefits and Family Law for Kansas on
Answered on Aug 4, 2016
Peter N. Munsing's answer
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.

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

1 Answer | Asked in Family Law for Kansas on
Answered on Nov 10, 2015
Terrence H Thorgaard's answer
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 marriage agreement; and (3) a holding out of each other as husband and wife to the public. ..."

https://en.wikipedia.org/wiki/Common-law_marriage_in_the_United_States#Kansas

You should ask...

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

1 Answer | Asked in Family Law for Kansas on
Answered on Oct 29, 2015
Robert Jason De Groot's answer
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 the increase in value since the purchase. The best thing to do is go see a lawyer about these things. Often times, people will settle for far less than what they are entitled to if the case goes to...

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?

1 Answer | Asked in Family Law for Kansas on
Answered on Oct 27, 2015
Robert Jason De Groot's answer
You should have a full discussion with a local family lawyer before you do anything.

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

1 Answer | Asked in Family Law for Kansas on
Answered on Apr 11, 2015
Kenneth McRae's answer
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 separate names. Even if there are no issues in dispute, the Court will not finalize a divorce for a minimum of 60 days after it is filed (although there are some exceptions). You should consult an...

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