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Spousal Maintenance in Kansas

When is maintenance (a/k/a alimony) granted in Kansas? As with most legal questions, the answer is that it depends. Kansas law provides that the court may grant maintenance if that amount is fair, just, and equitable under the circumstances. Judges in Kansas look at a number of factors when determining whether to award maintenance. These factors include but are not limited to: 1.) The age of the parties; 2.) The parties’ present and prospective earning capacities; 3.) The length of the marriage; 4.) The property owned by the parties; 5.) The parties’ needs; 6.) The time, source and manner [...]

2022-06-09T15:23:06+00:00June 9th, 2022|Categories: Uncategorized|

Termination of Child Support Obligation

A child support obligation is a major financial responsibility. When does that responsibility end? There are several ways that children can be emancipated for child support purposes, and the states of Kansas and Missouri differ in their approaches.   Age According to Kansas law, the age of majority is 18. Typically, when the child reaches the age of 18, a child support obligation ends, although child support payments will continue through high school graduation if certain basic high school requirements are met. Parents are not required to pay college expenses or child support for adult children in college, although [...]

2022-05-11T15:04:01+00:00May 11th, 2022|Categories: Child Support|

Impact of the Children’s Desires in a Custody Dispute

Determining a child custody arrangement and parenting plan with a detailed parenting time schedule is one of the many issues parties are confronted with during a divorce. Custody issues can easily turn into the most contentious issues during the divorce. Courts in both Missouri and Kansas consider a list of statutory factors when determining the child custody arrangement. One of the most common misconceptions is that there is a magic age where children can decide with which parent they want to live or what the parenting schedule should be. This is not accurate, and prior to becoming adults, the [...]

2022-03-14T15:56:01+00:00March 14th, 2022|Categories: Child Custody|

Annulment in Missouri

It is rare in Missouri for the Courts to grant an annulment of a marriage, but there is a procedure for declaring a marriage to be invalid that is authorized by the Missouri statutes. An annulment, rather than a dissolution of marriage (divorce), may be proper only in very specific situations, such as: The married parties have a close relationship, typically by blood. One of the parties at the time of the marriage did not satisfy the age requirement and did not receive the court’s consent – in Missouri, the age requirement is 16 with parental consent, or 18 [...]

2022-02-21T15:51:07+00:00February 21st, 2022|Categories: Divorce|

Discovery in Divorce Cases

After a Petition for Divorce (or Dissolution of Marriage as it is called in Missouri) has been filed, the parties can begin the discovery process. “Discovery” is the process by which the parties exchange information and documents to enable the attorneys and parties to prepare for negotiations and/or trial. Discovery can be conducted formally or informally, and it is a useful procedure for ensuring both parties have a complete picture of the marital estate and the finances of both parties. In a dissolution of marriage proceeding, it is important for a party to disclose his or her income and [...]

2021-11-29T16:04:11+00:00November 29th, 2021|Categories: Divorce|

Relocation of a Child’s Residence under Kansas Law

Parents who are subject to a custody order in the state of Kansas must follow a specific procedure outlined by state law before they can move a child from the child’s principal residence for a period of more than ninety days. First, the parent moving with the child must give notice to the nonmoving parent at least thirty days in advance. That notice must consist of a letter, sent through restricted mail, return receipt requested, to the last known address of the other parent. (See K.S.A. 23-3222). If a parent fails to notify the other parent, he or she [...]

2021-11-02T15:15:42+00:00November 2nd, 2021|Categories: Child Custody|

The Role of the Guardian ad Litem

If you are involved in a family law matter in Missouri or Kansas concerning minor children, you may have heard of a Guardian ad Litem (“GAL”). The role of the GAL is very specific and dissimilar to the role of your own attorney in such matters. At the request of either party or on the Court’s own initiative, a GAL may be appointed where custody or parenting time is at issue between the parties. These proceedings can include divorce actions, paternity actions, adoptions, modifications, etc. Whereas the appointment of a GAL is usually discretionary with the Court, in Missouri, [...]

2021-10-19T16:46:24+00:00October 19th, 2021|Categories: Child Custody|

The Importance of Establishing Paternity

The establishment of paternity- the process whereby a man is determined to be a child’s biological and legal father- is extremely important for biological parents who were not married at the time of the child’s birth. Missouri law presumes that a child born to a married man and woman is the child of that man and woman. The husband will be legally recognized as the child’s father. However, this same presumption is not afforded to unwed fathers. Generally, at the hospital after a child’s birth, both parents acknowledge the paternity of the child by signing an Affidavit Acknowledging Paternity. [...]

2021-09-07T15:20:39+00:00September 7th, 2021|Categories: Parentage|

Social Media and Divorce

Social media has increasingly become a major part of our day-to-day lives. We often turn to social media to express our joys and grievances, sometimes without even thinking about what we are putting out into the world. If you are going through the process of divorce, it is important that you are mindful of your social media use. What you post on social media can be used as evidence for or against you during your divorce. Your social media use can have a negative effect on the amount of legal fees you pay in your divorce, the amount of [...]

2021-07-08T14:21:27+00:00July 8th, 2021|Categories: Divorce|

Is My Prenuptial Agreement Valid?

Prenuptial agreements (also known as antenuptial agreements or “prenups”) are contracts entered into between prospective spouses prior to and in contemplation of marriage. Prenuptial agreements generally determine how property and assets will be divided in event of divorce. These agreements are typically favorable and enforceable under Missouri law. The terms of a prenuptial agreement can include division of real property, individual and marital assets, business assets, and individual and shared debts at death or divorce of the spouses. Prenuptial agreements can also include provisions affecting issues like spousal maintenance and payment of attorney’s fees in a divorce action. On [...]

2021-06-01T15:37:07+00:00June 1st, 2021|Categories: Divorce|
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