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Kansas Family Law Questions & Answers
1 Answer | Asked in Contracts, Banking, Estate Planning and Family Law for Kansas on
Q: I think I need to Sue my mother for Breach of Trust, for mishandling my Irrevocable Trust.

She either dissolved my trust fund, or removed me as beneficiary? She provided me with no paperwork, at the time she handed me $7000.00 check, and told me the money was gone. Which I know, IS Not True; my Trust was $250,000.00 and I Definaty did NOT spend all that money!! Also, I noticed in public... View More

James L. Arrasmith
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answered on Mar 11, 2023

I'm sorry to hear about your situation. If you believe that your mother has mishandled your Irrevocable Trust, you may want to consider speaking with an attorney who specializes in trust and estate law to explore your legal options.

To prove a breach of trust, you will need to...
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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 Child Custody, Divorce, Family Law and International Law for Kansas on
Q: I married a British woman while she was living in the US. We got pregnant and decided to have the child in England since

It was free. Since then we have split. While visiting she refused to allow my child to go to the embassy to get a USA social security number. She refuses to come back to the US for a divorce because she doesn’t want to go through a custody hearing. What can I do to get joint custody and get... View More

David Luther Woodward
David Luther Woodward
answered on Feb 10, 2022

You can probably sue her in the U. K.

Filing suit here would require you to have personal service of process on the spouse, which is not impossible, but tricky.

BTW, the child probably is a dual citizen, and that is a prileged status. He should not only a British but also an...
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1 Answer | Asked in Family Law for Kansas on
Q: Can you block your children from seeing certain people in Johnson County, Kansas.

I was arrested for slapping my now 9 year old step daughter about 19 months ago. My wife was the one who reported it. I got help voluntarily and as mandated in my diversion agreement. I have had no contact with my step daughter in over 18 months. My wife and I were separated for 18 months and we... View More

Caroline Bundy
Caroline Bundy
answered on Jan 28, 2021

A parent can seek to prohibit certain people from being around their child if contact is no in the best interest of the child. Since you were arrested for slapping that child, it would make sense that the parent would seek such a prohibition. If it gets taken to court, it would be best to compile... View More

1 Answer | Asked in Child Support and Family Law for Kansas on
Q: My now 20 year old has moved in and out the last few years and I am still getting child support

She broke her pelvis at 17, it made school hard to finish and she did homebound school. Until I woke up one day and she left. She has been back and forth. I have 2 other kids on the order, and I had read it wouldn't change the amount and we even went through modification and he did not object... View More

Caroline Bundy
Caroline Bundy
answered on Jan 28, 2021

You likely won't get in trouble for the time that she was gone if the non-custodial parent was making voluntary payments. I would need to know the ages of the other two children to determine whether father's attempt to terminate support is valid. I would recommend getting an attorney to... View More

1 Answer | Asked in Family Law for Kansas on
Q: Family law question concerning the wording of papers.

Papers say coparent is responsible for 60% of medical bills that are not covered by insurance. Does this also mean dental/orthodontist type needs?

Caroline Bundy
Caroline Bundy
answered on Jan 28, 2021

Any dental/orthodontic bills that are not covered by insurance are included.

1 Answer | Asked in Family Law for Kansas on
Q: How can I get legal aid for my mother while she's. still in hospital since July 2 to handle her financial affairs???

I want handle my mother's financial affairs like paying rent & utilities

Scott C. Stockwell
Scott C. Stockwell
answered on Jul 20, 2020

A person who is competent and can communicate can appoint another person to serve as his or her Attorney in Fact using a Durable Power of Attorney. The Durable Power of Attorney could be prepared by an attorney to be effective immediately or to spring into effect at a future point in time (e.g.,... View More

1 Answer | Asked in Divorce, Family Law and Real Estate Law for Kansas on
Q: I've been divorced a few years. My ex-husband refuses to remove my name from the mortgage.

Our divorce decree did not specify my removal. I contacted the mortgage company and they said he will have to initiate my removal. We live in Kansas. Do I have any options?

Anthony M. Avery
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answered on May 21, 2020

If the Mortgagee wants to keep you on the Mortgage, there is nothing you can do but pay it off. The former Spouse probably does not want, or cannot, refinance the loan.

1 Answer | Asked in Divorce, Family Law and Immigration Law for Kansas on
Q: Can I bring my fiancé from Egypt to the US?

My fiancé is from Egypt and I am a US citizen. We meet all the requirements in the Fiancé visa but we didn’t met because meeting before marriage violates our cultural and religious values. What can I do about this.

Adan Vega
Adan Vega
answered on Feb 26, 2020

The first page of the instructions of the FORM I-129F indicates that you are required to meet your fiance unless you can establish that meeting your fiancé in person will (1) violate strict and long - established customs of your fiance’s foreign culture /social practice or (2) result in extreme... View More

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... View More

Scott C. Stockwell
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... View 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
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
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
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... View 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
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... View 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... View More

Scott C. Stockwell
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... View 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
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... View 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
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
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
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...
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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,... View More

Robert Jason De Groot
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... View More

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