Barnds Law LLC

What is Guardianship?

Guardianship pertains to the personal and medical well-being of a dependent person. A guardian is responsible for deciding the living arrangements, healthcare, and general welfare of the ward. The arrangement is necessary for individuals who cannot care for or make these decisions for themselves.

What are the Powers of a Guardian?

Kansas Law outlines the duties, responsibilities, powers, and authorities of guardians in a general overview.

A guardianship is a legal mandate petitioned to protect an impaired individual or ward. A guardian must manage a ward’s personal health, safety, and welfare. A guardian’s duties are separate from those of a conservator, but both are subject to the court’s control and discretion.

The court order, which depends on the circumstances and capacities of the ward, will explain the specific details of guardianship, including the duties of the guardian.

What is the Difference Between a Guardianship and a Conservatorship?

As stated, a guardianship is a court-appointed caretaker who oversees the ward’s day-to-day life and needs. A conservatorship, however, focuses only on the individual’s financial affairs.

A key difference between the two is the scope of responsibility. A guardianship primarily deals with the personal and medical care of the individual by ensuring they reside in a secure environment and receive adequate medical care and support. A conservatorship is responsible for financial matters, such as paying bills, managing investments, and protecting assets, because its main focus is maintaining the financial health and security of the ward.

The second main difference between conservatorship and guardianship is that guardians have the legal authority to make personal and healthcare-related decisions on the ward’s behalf, such as choosing where the individual will live, medical consent for treatments, and other decisions impacting the ward’s life. A conservatorship’s decision-making ability is only enforceable regarding the finances of the ward. Their job is to ensure all financial obligations are met, but they cannot make personal or healthcare decisions unless they are also the appointed guardian.

Who is Eligible to File for Guardianship?

The role of a guardian is vital, and the person who is appointed this title must be capable and trustworthy. Eligibility for the role of guardian is taken very seriously to uphold these standards. 

 

To file for guardianship of a minor, the proposed guardian must meet the following criteria:

 

• The guardian must be a legal adult who is 18 years of age or older and must demonstrate an ability to make sound decisions and manage the responsibilities associated with guardianship.

 

• A background test is required that ensures the proposed guardian has no history of abuse, neglect, or exploitation of vulnerable persons, including through criminal records and past legal involvement.

 

• The court usually prefers direct family members to be appointed guardians of the child due to their personal connection and understanding of the ward’s needs. However, non-relatives may also be appointed if they demonstrate significant concern for the child’s well-being and can act in the child’s best interest.

 

A guardian is subjected to speculation regarding potential conflicts of interest that may impair their ability to act in accordance with the ward’s needs.

 

Kansas family courts are ultimately responsible for making the final decision to appoint a guardian. They consider the candidate’s suitability based on the minor’s specific needs and circumstances.

 

Specific training or orientation may be required for guardians to ensure that they are well prepared for their duties and to understand their legal and ethical considerations better. 

What are the Types of Guardianships?

Kansas recognizes many types of guardianship. It is important to speak with an elder law attorney at Barnds Law LLC to ensure the best possible outcome for your case.

 

• Standby Guardianship: This option allows a ward to have a person appointed to take over care in the event of the current guardian’s death, illness, resignation, or other unforeseen circumstances. 

 

• Co-guardianship: There are times when an appointed guardian is someone other than the appointed conservator. When two people are appointed to oversee an individual’s care, they work together to make decisions and provide care for the ward’s health, well-being, and financial security. 

 

• Temporary guardianship: A temporary guardianship is appointed when there is an imminent threat to the ward’s health or safety.

How is a Temporary Guardian Appointed?

A temporary guardian may be requested at the same time or after the petition for guardian. When this occurs, an ex parte hearing is conducted, and a guardian may be appointed pending the regular hearing. A temporary placement order can be made at the temporary guardianship hearing

A petition for temporary guardianship may be necessary if it appears there is imminent danger to the ward’s physical health or safety and that they may be seriously injured unless action is taken. The proposed ward or interested party may petition the court currently conducting the proceedings for guardianship for the emergency appointment of a guardian.

A temporary guardianship may not have the extensive duties of the long-term guardian but will likely be limited to the ability to make arrangements for the care of the ward and to protect their safety and comfort.

A temporary guardianship cannot last longer than 30 days but may be periodically extended by the court until the hearing on long-term guardianship, at which point it will automatically expire.

Do I Need an Attorney?

Guardianships are legal arrangements meant to protect society’s most vulnerable members. They are not to be taken lightly or left to inexperienced discretion. If you have questions about guardianships, call Barnds Law LLC at 913-514-0909 or fill out a contact form to schedule your consultation.

What Are Diversion Programs?

Diversion programs offer alternative sentencing paths aimed at steering first-time offenders away from the conventional criminal justice system. Rather than undergoing a trial and potentially serving jail time, eligible participants can complete a program centered on rehabilitation and education. These programs are particularly advantageous for drug-related offenses, often incorporating elements like drug education classes, community service, and routine drug testing.

In Kansas, the availability of diversion programs is generally determined by the prosecutor’s office. This means not all offenders qualify, and the program’s terms can vary widely based on the case’s specific details. Factors such as the offense’s seriousness, the offender’s criminal history, and their readiness to meet the program’s conditions all influence eligibility.

Diversion programs typically involve mandatory drug education classes, community service, and regular drug testing. These components aim to tackle the root causes of criminal behavior, such as substance abuse, and equip offenders with the tools to prevent future infractions. Successful completion of these programs can lead to charge dismissal, enabling individuals to avoid a criminal record that might hinder future employment, housing, and educational opportunities.

These programs represent an opportunity for individuals to make amends without the long-term consequences of a criminal conviction. In many cases, participants receive education on the underlying causes of their behavior, such as addiction or poor decision-making, which empowers them to make positive changes in their lives. The programs often require a personal commitment to self-improvement, fostering accountability and reducing the likelihood of reoffending. Beyond avoiding a criminal record, successful completion can instill valuable life skills, benefiting participants and the community as a whole.

How Do Diversion Programs Operate?

Once deemed eligible for a diversion program, individuals must agree to conditions set by the prosecutor. These often include attending drug education classes, performing community service, and undergoing regular drug testing. The objective is to address the underlying issues that led to the offense and prevent future criminal behavior. For example, drug education classes aim to provide a deeper understanding of substance abuse and its impacts. Similarly, community service fosters a sense of responsibility and community connection.

Participants usually pay a fee to enroll, which varies based on jurisdiction and case specifics. They may also need to attend regular meetings with a probation officer or counselor to ensure compliance. Successful program completion results in charge dismissal, allowing individuals to move forward without a criminal record.

Benefits of Diversion Programs

Diversion programs offer numerous benefits to both offenders and the community. For offenders, the primary advantage is avoiding a criminal conviction. A criminal record can severely impact employment, housing, and educational opportunities. Completing a diversion program helps individuals avoid these negative outcomes and work toward a brighter future.

From a community perspective, diversion programs reduce the burden on the criminal justice system by decreasing trial cases. This enables courts to focus on more serious offenses and alleviates jail and prison overcrowding. Additionally, by addressing the root causes of criminal behavior, diversion programs can lower recidivism rates, leading to safer communities.

In addition to avoiding a criminal record, participants in diversion programs often experience personal growth. Drug education classes can illuminate the risks and impacts of substance abuse, while community service connects offenders with meaningful opportunities to give back. These programs not only support rehabilitation but also foster stronger, safer communities. For families, diversion programs reduce the emotional and financial strain that a criminal conviction can impose, creating a more supportive environment for recovery and change.

Who is Eligible for a Diversion Program?

Eligibility for a diversion program in Kansas depends on several factors, including the offense’s nature, the offender’s criminal history, and their willingness to comply with program requirements. Generally, first-time offenders charged with non-violent drug offenses are the most likely candidates for diversion.

Factors taken into consideration may also include the drug’s type and quantity, any aggravating circumstances, and the offender’s behavior post-arrest. A knowledgeable attorney can assess your situation and determine if a diversion program is viable. An attorney can also negotiate program terms and ensure your rights are protected throughout the process.

What Are the Consequences of Failing to Complete the Program?

Failing to complete a diversion program can have serious consequences. If an offender doesn’t comply with program terms, the prosecutor may reinstate the original charges, potentially leading to a trial and conviction. This highlights the importance of taking the program seriously and adhering to all requirements.

Common reasons for failing a diversion program include missing scheduled meetings, failing drug tests, or not completing community service hours. Communicate with program administrators and seek assistance if you’re struggling to meet program demands. In some cases, the court may be willing to work with you to address issues and help you get back on track.

Failure to meet the requirements of a diversion program not only reinstates original charges but may also lead to additional legal consequences, such as probation violations or heightened scrutiny for future offenses. Legal representation can be particularly helpful in these instances, as an attorney can negotiate adjustments to program terms or advocate for second chances where appropriate.

How Can an Attorney Help?

An experienced attorney can be invaluable in understanding and participating in a diversion program. They can provide guidance on eligibility, negotiate favorable terms, and ensure your rights are protected throughout the process.

If you’re a first-time drug offender in Kansas considering a diversion program, call Barnds Law LLC today at 913-514-0909.

When Does a DUI Become a Felony in Kansas?

In Kansas, a DUI is elevated to a felony under specific conditions. Generally, a third DUI offense in a person’s lifetime is considered a felony. Additionally, if the DUI incident results in serious injury or death, it can also be charged as a felony. Penalties for a felony DUI may include hefty fines, prolonged license suspension, and imprisonment.

Can I Avoid Jail Time for a Felony DUI Conviction in Kansas?

Facing a felony DUI conviction in Kansas can be overwhelming due to the state’s strict DUI laws and severe penalties, including potential jail time. However, by understanding Kansas DUI laws and exploring legal strategies, it may be possible to lessen the impact of such a conviction.

What Legal Strategies Can Help Avoid Jail Time?

Plea bargaining is one strategy that might help avoid jail time. This involves negotiating with the prosecution to lessen charges or penalties. For instance, an experienced lawyer could negotiate an agreement where the defendant admits guilt to a reduced charge, such as a misdemeanor DUI, in exchange for a more lenient sentence. This could potentially reduce or eliminate jail time, though other penalties such as probation, community service, or mandatory substance abuse programs may still apply.

Another approach is to challenge the prosecution’s evidence. This might involve questioning the reliability of breathalyzer or blood test results, the legality of the traffic stop, or law enforcement procedures. If the defense can demonstrate that the evidence is flawed or was unlawfully obtained, the charges could be dismissed or a not guilty verdict could be rendered.

What Are the Consequences of a Felony DUI Conviction?

A felony DUI conviction in Kansas has serious repercussions beyond possible jail time. Financially, you might face substantial fines, which can strain your finances. Additionally, a felony conviction might lead to the suspension or revocation of your driver’s license, significantly affecting your ability to commute to work or manage daily tasks.

How Does a Felony DUI Affect Employment and Housing?

The social and professional impacts of a felony DUI conviction can be significant. Having a felony on your record can restrict employment prospects, as numerous employers perform background checks and might hesitate to employ individuals with a criminal past. Having a felony on your record might impact your chances of finding housing, since landlords frequently check the criminal backgrounds of prospective renters.

What Are the Long-Term Implications of a Felony DUI?

Beyond immediate consequences, a felony DUI conviction can impact your reputation, relationships, and overall quality of life. Take proactive steps to address the charges and seek legal advice to minimize the impact on your future.

Are There Alternative Sentencing Options for a Felony DUI?

In certain situations, alternative sentencing options may be available for those convicted of a felony DUI in Kansas. These alternatives can offer a way to avoid or lessen jail time while still holding the individual accountable for their actions.

What is Probation and How Does it Work?

One alternative is probation, which permits the person to fulfill their sentence within the community while being monitored by a probation officer. Probation typically involves following specific conditions, such as abstaining from alcohol, attending counseling or treatment programs, and regularly reporting to the probation officer. Breaking these terms may result in further consequences, such as imprisonment.

Can Treatment Programs Serve as Alternatives to Jail?

Enrolling in a drug or alcohol rehabilitation program is another alternative. These programs aim to address the underlying reasons for an individual’s substance abuse and provide support throughout their recovery process. Successfully completing a treatment program can demonstrate to the court a commitment to rehabilitation and may result in a reduced sentence.

Is Community Service an Option?

Community service is another possible alternative to jail time. This involves completing a certain number of hours of volunteer work in the community. Community service can be a way to give back to the community and show remorse for the offense.

What Should I Do if I Am Facing a Felony DUI Charge?

In Kansas, if you’re dealing with a felony DUI accusation, move quickly to safeguard your rights and construct a solid defense. Begin by seeking advice from a seasoned DUI lawyer who can navigate the legal proceedings and represent your interests effectively.

How Important is Gathering Evidence?

Gathering and preserving evidence is also essential. This includes obtaining copies of police reports, witness statements, and any other relevant documentation. Your attorney can help you identify and collect this evidence, which can be crucial in building a strong defense.

Why is Compliance with Court Orders Crucial?

Additionally, comply with any court orders or conditions of release. This may include attending court hearings, refraining from alcohol or drug use, and adhering to any other conditions set by the court. Failing to comply with these conditions can result in additional penalties and complicate your defense.

How Can Support Systems Help?

Finally, consider seeking support from family, friends, or a support group. Facing a felony DUI charge can be a stressful and overwhelming experience, and having a strong support system can provide emotional and practical assistance as you navigate the legal process.

How Can an Attorney Help Me with a Felony DUI Charge?

Engaging a skilled attorney is crucial when facing a felony DUI charge. A knowledgeable lawyer can provide invaluable assistance by navigating the complexities of the legal system and advocating on your behalf. They can evaluate the specifics of your case, identify potential defenses, and develop a strategic plan tailored to your circumstances.

What Role Does an Attorney Play in Examining Evidence?

An attorney can also help by scrutinizing the evidence against you. This includes examining police reports, witness statements, and any video footage from the arrest. They might identify procedural errors or violations of your rights that could weaken the prosecution’s case. For example, if the arresting officer did not have probable cause to stop your vehicle, any evidence obtained during the stop might be inadmissible in court.

How Can an Attorney Assist in Negotiating Plea Deals?

Furthermore, an attorney can negotiate with the prosecution to seek a favorable plea deal. They can leverage their understanding of the law and their relationships within the legal community to advocate for reduced charges or alternative sentencing options. This might involve proposing a diversion program, where you complete certain requirements like attending alcohol education classes or undergoing treatment, in exchange for avoiding jail time.

If you’ve been convicted of a DUI, call Barnds Law LLC today at 913-514-0909.

How Are Assets Divided in a High-Conflict Divorce?

Navigating the intricacies of a contentious divorce can be daunting, especially when it involves the distribution of assets. In Overland Park, Kansas, courts use the “equitable distribution” approach to allocate marital property. This doesn’t always mean a 50/50 split but suggests a fair distribution based on several considerations. By understanding these elements, you can be well prepared.

What Happens to My Business in a High-Conflict Divorce?

Having a business can complicate the division of assets during a difficult divorce. If you own a business in Overland Park, Kansas, and are going through a high-conflict divorce, you may be worried about how the court will treat this significant asset. The initial step is to determine if the business is marital property. It is likely considered a marital asset if it was started during the marriage or marital funds were used for its growth.

Once identified as marital property, the business needs to be valued. This often requires hiring a financial expert to conduct a business valuation, considering the company’s assets, liabilities, income, and market conditions. The court will subsequently determine an equitable way to allocate the business or its worth between the partners. Possible solutions involve one partner purchasing the other’s portion, selling the enterprise and dividing the profits, or continuing joint ownership if both individuals are able to collaborate.

How Does the Court Handle Retirement Accounts in a Divorce?

Retirement accounts frequently rank among the most significant assets in a marriage, and splitting them can be notably intricate. In Kansas, retirement accounts like 401(k)s, IRAs, and pensions are considered marital property if contributions were made during the marriage. The court will apply the same standards used for other marital assets to determine a fair division of these accounts.

A Qualified Domestic Relations Order (QDRO) is generally required to split retirement accounts. This legal document instructs the retirement plan administrator on dividing the account according to the court’s order. Mistakes in handling QDROs can lead to significant tax consequences or penalties.

For instance, if a couple has a 401(k) funded during their marriage, the court may decide to split the account equally. However, if one spouse has a pension plan that will provide future income, the court might award a larger share of other assets to the non-pension-holding spouse to balance the division.

How Are Debts Divided in a High-Conflict Divorce?

In Kansas, any debts taken on during the marriage are considered marital, no matter whose name is listed on the account. The court seeks to distribute these debts fairly, using the same criteria applied to dividing assets.

For example, if one spouse took out a loan to start a business that both parties benefited from, the court might decide that both spouses should be responsible for repaying that debt. On the other hand, if one spouse incurred credit card debt for personal expenses without the other’s knowledge or consent, the court might assign that debt solely to the responsible party.

While the court can order one spouse to pay a particular debt, creditors are not bound by divorce decrees. This means that if both spouses’ names are on a debt, such as a mortgage or car loan, both remain legally responsible for it in the eyes of the creditor. Work with an experienced attorney to ensure that debt division is handled correctly and to protect your financial future.

What Should I Know About Child Custody and Support in a High-Conflict Divorce?

Child custody and support are often the most emotionally charged aspects of a high-conflict divorce. In Overland Park, Kansas, the courts prioritize the child’s best interests when making custody determinations. The court will evaluate aspects like the child’s age, health, emotional connections with each parent, and each parent’s capability to offer a stable environment.

How Are Hidden Assets Discovered in a High-Conflict Divorce?

In some high-conflict divorces, one spouse may attempt to hide assets to avoid sharing them with the other party. This can complicate the asset division process and lead to prolonged legal battles. Fortunately, there are ways to uncover hidden assets and ensure a fair division.

During the discovery phase of a divorce, both parties are required to disclose their financial information, including income, expenses, assets, and debts. This process often involves exchanging documents such as tax returns, bank statements, and investment account records. If you suspect that your spouse is hiding assets, your attorney can employ various strategies to uncover them.

For example, a forensic accountant may be hired to analyze financial records and identify discrepancies or unusual transactions that could indicate hidden assets. Subpoenas can also be issued to obtain information from third parties, such as banks or employers. Additionally, depositions may be conducted to gather testimony under oath from your spouse or other individuals who may have knowledge of the hidden assets.

Uncovering hidden assets requires a thorough understanding of financial matters and legal procedures. A skilled attorney can ensure all assets are accounted for and equitably divided.

How Can an Attorney Help Me in a High-Conflict Divorce?

Engaging a skilled attorney can be invaluable when navigating the complexities of a high-conflict divorce. A lawyer can offer advice on navigating the legal system, clarify your entitlements, and represent your interests in a courtroom setting. Additionally, they can help collect and arrange the essential paperwork needed to bolster your case, including financial documents, valuations, and expert witness statements.

In situations where conflict is intense, emotions often escalate, hindering clear thinking and rational decision-making. A lawyer can act as an intermediary between you and your partner, managing discussions and negotiations to alleviate stress and tension. They can also assist in considering alternative dispute resolution options, like mediation or collaborative divorce, which tend to be less confrontational and more economical compared to conventional court proceedings.

An attorney can also help you develop a strategy for asset division that aligns with your goals and priorities. Whether you’re concerned about protecting your business, securing your retirement, or ensuring a fair division of debts, an attorney can provide the legal knowledge and negotiation skills needed to achieve a favorable outcome.
If you are facing a high-conflict divorce, call Barnds Law LLC today at 913-514-0909.

What Are The Common Grounds for Divorce in Kansas?

Kansas divorce laws allow both “fault” and “no-fault” divorce. When you and your lawyer are filing your divorce petition, you still must state the grounds for the dissolution of your marriage.

According to the Kansas legislature, Statute Section 23-2701, your divorce could be granted on any of the following grounds:

• You are Incompatible – This is usually found as grounds in a “no-fault” divorce.
• Incompatibility due to a mental condition or mental incapacity of either spouse (this is based on fault).
• Failure of either spouse to perform a material marital obligation or duty (fault ground).

When you and your lawyer file your Petition for Divorce, you must also serve a copy of the petition and summons to your spouse, known as the “respondent.” When your spouse gets the divorce petition, they have 21 days to respond. They have the right to file an answer, a counterclaim, or both.

However, if your spouse refuses to respond or sign your divorce petition, your experienced and knowledgeable divorce lawyer must set a date for a court hearing, at which the judge will usually enter a default divorce judgment.

This is where things can get emotionally strained and difficult. However, your experienced Overland Park divorce lawyer, skilled in this issue, will thoroughly explain your legal options and the possible steps you must take so your divorce can proceed and be finalized.

Can My Spouse Refuse to Sign Our Divorce Papers?

The simple answer is yes; they can refuse. This often happens in “contested” divorces where you and your spouse disagree on numerous important items.

Suppose your spouse doesn’t acknowledge or sign the divorce papers and contests your divorce. In that case, you will usually have a series of court appearances to resolve the contested issues and move forward fully.

This is an area where the well-honed negotiating skills of your well-versed Overland Park divorce lawyer will be invaluable to your success.

Additionally, as your lawyer will explain, if a specific period passes and your spouse still doesn’t sign or file papers on their own, you may still be able to proceed with your divorce; however, this is a tricky legal area, and contingencies are often involved.

However, you must note that if your spouse doesn’t sign the divorce decree, your divorce will not be finalized until the judge enters a default judgment. This means the judge can grant your divorce without hearing from your spouse.

However, this is not simple nor the best path to follow. Still, it may be the only way to proceed, and your Kansas divorce lawyer’s expert, knowledgeable, and empathetic advice and guidance is mandatory.

What Are Some Steps I Should Take If My Spouse Won’t Sign Our Divorce Papers?

Although more complex, finalizing your divorce in Kansas is still legally possible if your spouse resists the process.

A few of the things you and your lawyer can do if your spouse fails to respond to the divorce petition are:

• Fully complete and submit all the divorce forms needed, including supporting documentation, etc.
• Have the divorce petition legally served on your spouse.
• Ensure your divorce petition and summons are done through the court system.
• Therefore, if your spouse doesn’t respond to your petition, they could face legal penalties.
• Additionally, you can draft a proposed divorce judgment, but ensure it is as fair as possible. Your detail-oriented divorce lawyer will know precisely how to carry out this critical legal process.
• Then, a request will be filed with the Kansas court to enter a default divorce.
• The Kansas divorce court will hold a hearing, and if your spouse still doesn’t, a formal legal notice will be sent to your estranged spouse.
• During this hearing, the judge will review all the documents involved, question you if needed, and, if the court is satisfied, issue a Decree of Divorce, which will finalize the divorce proceedings.

You must note that this process can be legally complex. The proposed divorce judgment must be drafted correctly and presented to the court with complete documentation. Your lawyer will also diligently and professionally represent you during the hearing and help you achieve the best possible outcome in your divorce case.

Can I Get Legally Divorced Without Getting My Spouse’s Signature?

So, can I get divorced if my spouse doesn’t sign the divorce decree, is absent, etc.?

It can be done, but professional legal guidance is a must.

Let’s say your spouse does refuse to sign the paperwork. This happens frequently, especially if you and your spouse have been living apart for some time and may not even be on speaking terms; you certainly have legal options.

That said, it’s critically important in a divorce case such as this to precisely follow all the proper legal procedures when your petition is served, etc., and ensure that every move you make is valid and legally binding.

In most cases, if your spouse refuses to sign the divorce petition, you can get divorced. However, in this challenging legal scenario, you and your competent and experienced divorce lawyer must usually file for a contested divorce. Additionally, and in precise legal detail, you and your lawyer must go through court proceedings to resolve any issues related to property division, child custody, child support, spousal support, etc.

So, it can be done even if your spouse doesn’t sign the divorce papers, is absent, and is not even present in your life. A case like this must be discussed in detail with a passionate and highly experienced Overland Park divorce lawyer who will ensure your best interests and rights are fully protected and preserved.

My Spouse Will Not Our Divorce Papers; How Should I Proceed?

Suppose you’re trying to divorce and are facing a challenging and contentious situation with your spouse. In that case, you must have professional guidance to negotiate and provide the legal tools to resolve the situation.

When a spouse refuses to sign divorce papers, they may feel they hold all the cards; with the right divorce law team, this is certainly not the case.

Regardless of your situation, the empathetic and highly professional divorce lawyers at Barnds Law LLC will provide you with the experienced and prudent legal advice you must have at this challenging time. They will help you make the informed decisions needed and always fight tirelessly for what’s in your best interests.

Call them today at 913-514-0909 for a full consultation on your unique divorce case. They will ensure you get the best legal results possible.

How Harsh Are Kansas and Missouri Commercial Driver DUI Penalties?

Missouri and Kansas both have dire and harsh strict laws for a commercial driver when it comes to drinking and driving.

The Federal Motor Carrier Safety Administration mandates that a commercial driver’s BAC be .04 % or less. The Federal Motor Carrier Safety Regulations set this specific standard as they understand the impact and safety of commercial vehicle operations and to reduce commercial truck accidents.

These dire FMCSA regulations apply to all private owners of commercial vehicles, companies who assign drivers to commercial vehicles, and all government, church, and other organizations with vehicles on the road.

In Missouri, a first DUI offense is bad enough, but if you have a second offense, you usually are charged with a Class A misdemeanor. In this case, the court will permanently revoke your CDL.

Additionally, the DMV can order a suspension of your regular license, and you could receive up to one year in jail and more than $1,000 in fines.

If you refuse to take a breathalyzer test, you receive a three-year loss of your CDL.

Kansas has much stricter laws for commercial drivers starting from their first commercial vehicle DUI conviction. For a first-time DUI, you usually will receive a nonperson Class B misdemeanor and could face up to six months in jail. Even a first offense commonly results in a suspension of a non-commercial driver’s license for a year.

Second-offense DUI commercial penalties are significantly harsher and usually get you a Class A nonperson misdemeanor charge.

So, as a commercial driver, you must always remember that Kansas and Missouri have some of the direst consequences for a commercial DUI conviction in the nation. Therefore, if you get charged with a DUI in either state, the professional, knowledgeable advice and guidance of a highly experienced criminal DUI lawyer is mandatory.

What Are Examples of Penalties for a Commercial DUI Conviction?

As a commercial driver in Kansas (and Missouri), you are under greater scrutiny than a standard vehicle operator, and even your first commercial vehicle DUI offense, without qualified and knowledgeable professional help, can result in the following charges:

• A full 90-day suspension of your non-commercial license.
• Up to, and commonly, a one-year CDL suspension or three years if you’re transporting caustic materials.
• Possibly six months of jail time.
• Also, up to $500 or more in fines.

Additionally, if you have a second offense, you will usually face a Class A misdemeanor, and the court will usually permanently revoke your CDL license.

Additionally, depending on the circumstances, the DMV can suspend your regular license, and you will receive up to one year in jail and high fines.

If you refuse a breathalyzer test, you will immediately suffer a three-year loss of your CDL.

In Kansas, the penalties for first-time offenses are already severe enough. Still, second-offense penalties are significantly more consequential, and you usually always will be charged with a Class A nonperson misdemeanor.

A charge such as this would result in:

• A lifetime revocation of your CDL.
• Up to a year in jail with a minimum of 90 days in custody.
• Fines up to $1,750, and more depending on your case’s specifics, plus other legal costs.
• Possible loss of your non-commercial license if your BAC is over .08%

So, these are already severe charges and penalties, but there are also cases when, as a commercial driver, you can be charged with a DUI even if you are not driving your vehicle. Usually, these charges are due to you being under the influence of alcohol or other substances.

For example:

• If you are sitting in the driver’s seat of your commercial vehicle and are intoxicated.
• If you are sleeping in the front seat of a commercial vehicle and the keys are in the ignition

What Immediate and Long-Term Consequences Can I Face?

In most cases, commercial drivers who are charged with a DUI face immediate administrative penalties.

The Kansas Department of Revenue will rapidly suspend your CDL, even before you are convicted of the charge. This rapid enforcement deeply underscores the zero-tolerance policy for impaired commercial driving and the risk it imposes on other road drivers.

A DUI conviction carries severe consequences for a commercial driver and can even end your career. In addition to the legal penalties, such as fines, jail time, mandatory education, etc., the loss of your CDL is devastating to you and your loved ones.

This is why, as soon as you are charged with a DUI, you must seek professional, educated, and empathetic legal counsel so you can get ahead of your charges before your entire future is irrevocably damaged.

As a Commercial Truck Driver, Is There Anything I Can Do If I Get a DUI in Kansas?

As a commercial truck driver in Kansas, you’re probably aware that you operate under a microscope of stringent regulations and heightened expectations.

The ramifications of getting a DUI charge are incredibly severe and extend beyond the immediate legal consequences you may face, as it could be a career-ending event. Due to the gravity of the situation, there are critical steps you must take to navigate this precarious landscape.

Given your high stakes, securing experienced, pre-emotive, and highly qualified legal representation is mandatory. Your thorough and well-versed criminal DUI lawyer, specializing in DUI and CDL cases, will provide invaluable guidance from the start of your case. For example, they will navigate the complexities of administrative hearings, challenge the state’s evidence, protect your constitutional rights, and work tirelessly to develop a robust defense strategy to preserve your CDL license and livelihood.

You don’t have time, so getting the professional legal help you need must be done quickly.

I’m a Commercial Driver in Kansas and Got a DUI Charge; How Should I Proceed?

The dire and extensive criminal weight of a commercial CDL DUI conviction always means significant setbacks if you work driving on the road to earn your living. Even your first violation means a year off work and, most likely, further difficulty finding a job. Two convictions and your livelihood as you now know it may be gone.

Additionally, any less severe diversion actions available to everyday licensed drivers that avoid trials or sentencing for DUI charges are illegal for CDL holders. Simply put, there is hope for keeping your CDL license if you have professional legal representation that fights and wins your case.

The criminal defense DUI lawyers at Barnds Law LLC take enormous pride in passionately pursuing justice for commercial drivers who have been charged with a DUI. They know what this means to you and your family and have the extensive knowledge and resources to mount a solid, in-depth, and winning defense.

Call them today at 913-514-0909 for a full consultation on your case and get the top-notch, empathetic legal representation you need to get back on the road and earn a living.

Can the Courts Change Spousal Support Maintenance Amounts After a Divorce?

Yes, courts in Kansas can make changes to alimony payments, which are called maintenance payments in the state. They can do this even after the divorce has been finalized, but there are limitations to what courts can change without the agreement of both parties.

Can the Court Increase Maintenance Amounts After a Divorce?

Yes, the court can increase maintenance amounts. However, it can only do so after a hearing and notification to the person liable for paying the support, which gives that person a reasonable amount of time to accommodate any change. The court can also not increase maintenance requirements beyond the original divorce decree without the consent of the person who is liable for paying it.

Can the Court Decrease Maintenance Amounts After a Divorce?

The court is freer to make changes to spousal support maintenance orders that reduce the amount one person has to pay. In these cases, the court can do so following a hearing on the matter, and it does not need the liable person’s consent.

What Steps Should You Take to Seek a Change in Maintenance Support Payments?

There are many reasons you may want to seek a change in maintenance support payments through the court. Perhaps you are the spouse who is making alimony payments, and you believe that circumstances have changed for you, your ex, or both parties that may necessitate a change. Or, you might be the person who receives alimony payments and you find that they are no longer enough to meet the needs they were intended for.

No matter the reason you are seeking a change in maintenance payments in Kansas, some of the steps below may be relevant.

Discuss the Matter With Your Ex

If you and your ex have a civil relationship and have successfully cooperated on matters such as maintenance payments, property division, and child custody in the past, you may want to start by having an honest conversation about maintenance payments and your needs or expectations. Because the process is easier if both parties are in agreement, approaching your ex directly may help speed up any potential change in maintenance payment.

Come to an Agreement and File It With the Court, if Possible

If you can come to an agreement with your ex, you can file a petition to have the court order the changes you agreed upon. This can be especially helpful if you are seeking to increase maintenance payments for any reason, as the court can’t order it without the consent of the other party anyway.

Petition the Court for a Change

In some cases, individuals may not feel comfortable approaching their ex to discuss a change in maintenance payments. This can be true whether you’re seeking to reduce the payments you make or want to ask for more support. Perhaps your divorce was contentious and you and your ex-spouse do not work well together. Or, perhaps you feel like your ex is taking advantage of you, and you don’t feel that talking to them directly about the matter will be fruitful.

In these types of cases, you may want to petition the court for a change in maintenance payments without first talking to your spouse. Know that if you are seeking an increase in payments, however, proving the need to the court won’t necessarily result in success, as the other party will need to consent to increased payments, too.

Gather Documents to Make Your Case

Gather documents to make your case. Some types of documents that can help back up your argument in favor of a change in maintenance support payments include:

• Income documents. Tax returns, paycheck stubs, and other documents that show how much you make can help show why a change in maintenance may be appropriate. You may also need to request income statements and relevant documents from your ex.
• Expense documents. You may need to demonstrate how your expenses have changed over time, especially with regard to necessary things such as housing, food, or medical care. You can do this with documents such as bank statements, bills, and receipts. Again, you may also need to request this type of documentation from the other person.

Work With Experienced Family Law Attorneys

Seeking a modification of spousal maintenance payments after a divorce is finalized is possible. However, it’s not a simple matter, and the court is limited as to the actions it can take in some of these cases. If you believe a modification is in order based on changes to your income or any other factor, a good first step is to talk to an experienced family law team.

Attorneys who are experienced in spousal maintenance orders can provide you with guidance about what might be possible in your case. They can also work with you to create a compelling case for a change or negotiate on your behalf with your ex’s attorney if there is a potential that you may be able to come to an agreement about new maintenance payment amounts.

To get started with the alimony modification process, contact Barnds Law, LLC, by calling 913-514-0909. Our team will work to understand your case and help you take action that is in your best interests.

What is Child Support?

According to the Kansas Supreme Court, child support is monetary support used to pay for and provide for the needs of a child, regardless of where that child resides. The child’s needs include all direct and indirect expenses that are related to the everyday care and well-being of the child.

Direct expenses cover fixed expenses paid directly to a third party, such as school, recreational activities, or sports. The necessary supplies required to support such activities are also included as direct expenses.

Indirect expenses are fees associated with benefits to the child but that are not paid expressly for their personal needs. Examples of indirect expenses include food, transportation, housing, and utilities. Indirect expenses are usually the responsibility of each parent within their own home and are not shared.

Who is Responsible for Paying Child Support?

It is the legal responsibility of both parents to support their child financially. In most cases, the custodial parent or the parent with primary residence receives child support from the other parent.

What is Child Support Income?

To determine each parent’s child support income, each gross income is considered, and then certain adjustments are made. To calculate gross income, the following monetary contributions are considered:

For salaried parents:

• Bonuses and commissions
• Overtime and extra pay
• Vacation pay
• Military or National Guard pay
• Disability payments
• Worker’s compensation
• Retirement distributions

Self-employed parents include the income from their business after deducting reasonable business expenses, which are not necessarily the same as expenses deducted for tax purposes. Any payments received regularly and periodically are also included in gross income totals for self-employed parents.

For salaried and self-employed parents, gross income does not include child support payments for children from a separate relationship or public assistance based on familial need. Gifts and other inheritances are also typically not included.

Income may be imputed when a parent is underemployed, voluntarily unemployed, or refuses to provide proof of income. Income will be imputed by a court with the following considerations:

• Employment and earning history of the parent
• Prior income of the parent
• The parent’s ability to work
• Other factors include job skills, employment opportunities within the community, health, and the parent’s age.

After gross income and deductions for both parents are determined, the net child support obligation will be calculated with a child support worksheet.

What Other Factors Influence Child Support?

Kansas family courts make decisions with the child’s best interests in mind. To do this, the court will consider several key factors to ensure a reasonable support order and to account for the unique circumstances of each case. Such factors include:

• The gross income of each parent
• The number of involved children
• The custodial arrangements
• Healthcare and childcare costs
• Educational expenses
• Any special needs of the child
• The cost of travel for visitation

What Adjustments are Considered for Child Support Totals?

While the support obligation calculated serves as a starting point, legal guidelines allow for several adjustments. Some adjustments are mandatory under specific circumstances, while others are at the judge’s discretion.

Adjustments for Parental Time

The courts recognize that any significant time spent with a child by the noncustodial parent will result in money being spent on purchases typically made by the custodial parent. In this case, a judge may choose to reduce the noncustodial parent’s owed support based on one of the following:

• Parenting time formula: This formula stipulates that if a child spends more than 35% of the time with the noncustodial parent, then the judge can adjust the amount of support based on parenting time, which does not include time spent at school. The formula specifies that a 10% reduction is necessary when 35-39% of parenting time is spent with the noncustodial parent, a 20% reduction when 40-44% of parenting time is spent with the noncustodial parent, and a 30% reduction when 45-49% of parenting time is spent with the noncustodial parent.
• Actual cost adjustment: This adjustment is based on the increased costs incurred by the noncustodial parent for the additional parenting time and the savings of the custodial parent.

For parents with equal or shared parenting time:

• Equal parenting formula: One parent is responsible for paying all of the child’s direct expenses while the other parent’s obligations are adjusted to account for these expenses.
• Shared expense formula: This formula requires parents to keep records and cooperate to share all of the child’s direct expenses.

Adjustments for Health Insurance and Child Care

Kansas guidelines allow for the following costs to be added to the total child support obligation as long as they are considered reasonable:

• Premiums for the health, dental, and vision insurance of the child
• Child care necessary for a parent to work or seek employment

The parent responsible for paying these expenses will receive a credit for their support obligation.

Adjustment for Low-Income Parents

An “Ability to Pay” calculation is used to ensure that noncustodial parents are able to meet basic needs when support obligations are made. The amount listed in the federal poverty guideline for a single-person household is subtracted from the parent’s support income. If the amount calculated is less than the support obligation, then the judge will decide on a support amount that is in the best interest of the child.

Do I Need an Attorney?

If you have questions regarding child support payments or plans, we are here to help you. We are ready to fight with you for the needs, prosperity, and financial stability of your child. Call Barnds Law LLC at 913-270-0505 or fill out a contact form for a consultation.

What is Paternity in Kansas?

Under Kansas law, married couples assume the role of presumptive parents to any children they have. Unmarried couples, however, must pursue the legal establishment of paternity because the child’s father is not automatically considered the legal father. Establishing paternity grants the father legal rights to the child.

How is Paternity Established for Unmarried Fathers?

An unmarried couple can establish paternity in two ways. One way involves both parents signing a voluntary acknowledgment of paternity (VAP). Another is to have a judge adjudicate or decide the question of paternity after a lawsuit has been filed.

VAP Form

The simplest way to establish paternity is for the parents to sign a VAP form at the hospital at the time of the child’s birth. A VAP form may also be signed after birth at the office of a physician treating the infant. For this process, both parents must read, understand, and agree to the form, then sign and date the form with a witness present. After this occurs, the father’s name can be added to the birth certificate.

If the father chooses not to sign a VAP form at the time of the child’s birth, then his name will not be added to the birth certificate. If the father later decides to establish paternity, then the father and the mother must complete the Paternity Consent Form for Birth Registration. This form is available until the child turns 18 years old. However, a judge or hearing officer must also sign this form.

Both parents have the initial right to request genetic testing to ensure that a child is biologically related to the father. If a VAP is signed, both parents are agreeing that the proposed father is the biological father, regardless of DNA testing. This means that both parents agree to share and accept the financial responsibility of their child and that they have custodial and visitation rights that can only be repealed by a court of law.

A VAP form should not be signed if any of the following apply:

• The mother was legally married to a different man at the time of the birth or within 300 days of the child’s birth.
• The mother is separated from a different man but not legally divorced when the child is born.
• The man is unsure if he is the biological father.

Adjudication

Kansas law offers guidance on the establishment of paternity during the following situations:

• An unmarried mother seeks child support.
• The state seeks past due or current child support or reimbursement for medical debt.
• An unmarried father seeks to prove biological relation to the child to establish parental rights.

A paternity claim can be brought before a judge by the child, the mother, a government official, or the presumed father. The case will be heard in the district court of the county where the parties reside.

All parties have the option to settle the case or to go to trial. During a trial, a judge will decide whether the presumed father is the legal and biological father of the child. If a judge finds that the presumed father is the actual father, then a final paternity judgment will be issued, finalizing the establishment of paternity. The father’s name will then be added to the birth certificate. The court will also decide matters of financial obligations and custody arrangements.

Other ways a judge may decide paternity without the use of genetic testing include:

• Evidence of intercourse between the mother and presumed father during the period of conception
• The statistical probability of the presumed father’s paternity
• Genetic testing based on the statistical probably of the presumed father’s paternity
• Medical or other anthropological evidence that relates to the presumed father’s paternity based on testing
• Testimony, notes, or records from a physician regarding the circumstances of the pregnancy and the child’s condition or characteristics at the time of birth.
• Other evidence that is relevant to the issue of the paternity of the child

What is the Importance of Establishing Paternity?

Establishing paternity is important for the child, the mother, and the father for the following reasons:

Importance to the child:

• Establishes a relationship with both of the parents
• Receives financial help, shelter, and support from the father
• Gains access to medical insurance and other benefits
• Eligibility for Social Security and veteran’s benefits
• Leans of familial history
• Grants access to personal information, such as medical history and health concerns
• Eligibility for inheritance
• Ability to sue for harm or death on behalf of the father

Importance to the mother:

• Shares custody with the father
• Establishes child support arrangements
• Shares parental responsibilities and rights
• Shares financial obligations associated with the child’s care
• Allows for parenting time

Importance to the father:

• Shows care for the child
• Encourages participation in the life of the child
• Gains legal rights to the child
• Recognition as the legal father of the child
• Entitlement to seek custody or parental time
• Allows for the inclusion of the child in medical and other insurance coverage

What Rights and Responsibilities Come with Paternity?

Establishing paternity means that a father is acknowledging a legal obligation to a child. After paternity has been proven, child support and custody will either be discussed and agreed upon by both parents or determined by a judge. Legally, a portion of both parents’ income must be set aside for the child.

The State of Kansas uses several criteria to determine child support amounts, such as:

• The income of both parents
• The overall needs of the child
• The time spent with the child by each parent

Do I Need an Attorney?

When your child’s needs and interests are involved, you need reliable legal representation. Call Barnds Law LLC at 913-270-0505 or fill out a contact form for a consultation.