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Is Spousal Support Automatically Awarded in Divorce Cases in Kansas?

When courts give a divorce decree in Kansas, they also can award spousal support or alimony. The purpose of the allowance is to enable the qualifying spouse to maintain the specific standard of living they were accustomed to during their marriage. It also serves to make up for any disparity in the earning potential.

Spousal maintenance is often a contentious issue, with courts having the discretion to award or not award the allowance. Judges consider many factors in determining whether the award is justified and fair. If you’re going through a divorce marked with a tough alimony battle, let skilled family law lawyers in Overland Park help you fight for your rights.

What Factors Do Courts Consider When Awarding Alimony?

The primary consideration for courts when awarding alimony is the need for one spouse to receive support and the ability of the other to pay. Being deliberately unemployed or underemployed may have a court impute income to a party based on their potential and probable earnings as indicated by historical earnings, education, and unique skills or qualifications.

Kansas doesn’t have a set of statutory factors when determining alimony payments. However, alimony attorneys in Overland Park highlight the following factors that judges consider:

• The age of the parties
• The present and future earning capacity of the spouses
• The length of the marriage
• The property each spouse owns
• The needs of each party at the time of the divorce and their overall financial condition
• The property’s source and manner of acquisition
• A spouse’s contribution to the education or career of the other spouse during the marriage
• The conduct of the parties during marriage
• Family ties and obligations of each party, including the custody and support of their children
• Unusual or unique health or medical needs
• The number of years a spouse has been absent from the job market and the reasons for being absent

Some factors courts won’t consider include, but are not limited to, disability benefits and any other income or property awarded to veteran spouses as compensation. Consult skilled Overland Park alimony lawyers for legal assistance if you have challenges in your spousal support determination case.

What Are the Different Types of Alimony in Kansas?

Given that spousal support doesn’t automatically take effect following a divorce, judges will consider one of three different types of spousal maintenance:

Temporary Alimony

Temporary spousal support is a financial obligation that the higher-earning spouse must pay to the other spouse before the finalization of the divorce. The payment enables the receiving spouse to afford certain expenses during the separation. Skilled alimony lawyers in Overland Park can help you file a motion to request temporary alimony.

Short-Term or Periodic Alimony

A court may order short-term maintenance if you need support for some time. Courts award short-term maintenance in cases such as when the requesting spouse needs to complete their education or is job searching. Alimony lawyers in Overland Park can evaluate your eligibility for short-term alimony.

Long-Term or Permanent Alimony

Long-term spousal support isn’t awarded often and is rare in Kansas. Courts order this type of spousal support when they determine the receiving spousal cannot become self-supporting due to a disability, health issues, or not having been in the workforce for the duration of the marriage.

How is Alimony Paid in Kansas?

Spousal support payments don’t have to be monthly if the court awards alimony. The paying spouse can make a lump sum payment to enable the receiving spouse to support themselves for some time. Spousal support is usually limited to 121 months or approximately ten years.

Courts decide to extend the spousal support term beyond the initial one if the situation warrants the extension. If your situation warrants an extension of the spousal maintenance term, talk to the experienced Overland Park family to fight for what you rightfully deserve.

Can a Man Be Awarded Spousal Support?

If you’re a man going through a divorce, you may wonder if you’re eligible for spousal support from your wife. In Kansas, anyone can petition the court for spousal maintenance, regardless of gender identity. Spousal support can also be awarded in same-sex marriages.

While men make up the majority of alimony-paying spouses, more women are now in the workforce. Therefore, the number of men receiving alimony is increasing. You can enhance your chances of receiving spousal maintenance as a man by working with experienced alimony lawyers in Overland Park.

What Is the Impact of Taxes on Alimony?

Before January 1, 2019, a spousal support payee could deduct taxes while the recipient would pay taxes on the income. The Tax Cuts and Jobs Act changed the previous rules for all divorcees, stipulating that a payee can’t deduct spousal support payments on their taxes, and the recipient doesn’t have to include them in their reported income.

The tax changes impact your annual income. So, consult experienced attorneys before negotiating a spousal support amount to protect your rights.

An Experienced Family Law Attorney Providing Legal Guidance on Spousal Support

Historically, courts in Kansas would award alimony for “traditional marriages” where one party worked outside the home while the other stayed home to raise the children. A lot has changed over the years, and different factors affect the outcome of spousal support cases. Alimony attorneys in Overland Park can evaluate your case and guide you to a favorable outcome.

Divorce can be emotionally tasking, and it can be more challenging if you and your ex-spouse can’t agree on crucial issues such as child custody, support, and maintenance. Barnds Law LLC hosts experienced family law attorneys in Overland Park. We can provide legal support during this challenging time and help you fight for a favorable outcome. Contact us at 913-514-0909 to schedule a strategy session.

What Does a Past Kansas Criminal Court Record Contain?

Kansas criminal court records provide official accounts of court proceedings in criminal prosecutions. They contain crucial information regarding the defendant, the offense, details of the legal processes, the court’s final verdict, and any reviews by the appellate court. Most records contain similar information, but depending on the jurisdiction, it may vary from case to case.

If you’re facing criminal charges and have a past criminal record, you may want to know how it might affect the current proceedings. It would be best to seek reputable legal services in Chicago for guidance. Legal experts can help you understand how previous records may affect your case and whether you can challenge them.

Can Past Criminal Record be Used Against Me?

Under the Federal Rules of Evidence, past convictions can only be used in a current criminal case if the conviction attracted a punishment of more than one year of imprisonment or death. Additionally, the value of the evidence should not result in an unfair advantage to the prosecution. This later inquiry is known as “whether the probative value is more than the prejudice” to the accused.

However, a past conviction may be admissible if it relates to dishonesty, such as a false statement or fraud. Criminal defense lawyers in Overland Park add that a past conviction can also not be used under federal rules if it happened more than ten years ago unless they are relevant and valuable.

Additionally, a conviction pardoned, expunged, or removed from the public record may be properly excluded from admissible records in an ongoing criminal case. If you have past criminal records that you fear could be used against you in court, consult skilled Overland Park criminal defense attorneys to evaluate if you can expunge them.

How Can I Challenge Past Criminal Records in Current Legal Proceeding?

When considering whether to allow your past convictions to be used as evidence against you, judges must decide whether the value of the conviction in helping the jury assess your truthfulness outweighs its potential for prejudice. Prior convictions carry the substantial possibility that the jury will presume your propensity to commit a crime or whether you’re a bad person.

Your criminal defense attorneys can challenge the admissibility of past criminal records based on the following factors:

• The type of crime and whether it has any correlation to the current charges
• If the conviction happened more than ten years ago
• The crime doesn’t indicate untruthfulness on your part
• Your age at the time of the conviction
• How long you were imprisoned, if at all
• Your conduct since the prior conviction could work in your favor if you can prove you’ve been on your best behavior
• The importance of your testimony in the current case (you may refuse to testify if evidence of the past conviction will come in)

In most cases, judges consider evidence of past convictions for the same crime very prejudicial, and most courts won’t admit such evidence.

Can I Have My Past Criminal Records Expunged in Kansas?

One way to prevent your past criminal records from being used in a current criminal case is to have them expunged. Expungement means removing the record from your criminal record, meaning that no information related to the arrest or conviction may be disclosed unless under certain exceptions.

Arrest Records That Can Be Expunged

In Kansas, an arrest record can be removed from your criminal record if:

• The arrest happened due to mistaken identity
• The court determined that the police lacked probable cause for the arrest
• You were not found guilty in the proceedings
• The expungement is in the best interest of justice

The law imposes no time limit for deleting an arrest record.

Criminal Convictions That Can Be Expunged in Kansas

You can have your past criminal records expunged if the stipulated time since the conviction has elapsed and you’ve not been convicted of a felony in the past two years.

Minor offenses, traffic violations, and some felonies can be expunged three years after completing the sentence and paying all fines.

Juvenile adjudications can also be expunged if:

• You have reached the age of 23, or it has been two years since you completed the sentence
• There are no pending criminal cases since you completed the sentence
• Your circumstances and behavior warrant expungement

However, the law doesn’t allow you to erase the following criminal convictions, whether they are adult or juvenile convictions:

• Child abuse and endangering a child
• Criminal sodomy
• Sexual battery of an underage victim
• Rape and involuntary manslaughter
• Murder in the first or second degree
• Capital murder
• Indecent liberties with or solicitation of a child
• Aggravated incest
• Sexual exploitation of a child

Skilled criminal defense attorneys in Overland Park can provide legal guidance on deleting your past criminal records. Depending on the outcome of the expungement, you would significantly reduce the probability of your past criminal records being presented in court as evidence against you.

Challenging Past Criminal Records in Kansas Proceedings with the Help of Skilled Criminal Defense Lawyer

Past criminal records can damage your current criminal case, especially if the judge rules in favor of its admissibility. Luckily, skilled Overland Park criminal defense attorneys can challenge the records based on various factors. They can also help you have the records expunged to prevent them from being publicly accessible if they meet the expungement criteria.

Brands Law LLC provides legal services in Overland Park, and our lawyers can assist you. We know how overwhelming it can be to face criminal charges for a second or subsequent time. Our team can help you navigate the legal complexities to minimize stress and anxiety as we fight for the most favorable outcome. Call us at 913-514-0909 to schedule your strategy session.

Why Do Judges Consider Parental Substance Abuse in Custody Decisions?

After a divorce, most people find themselves in custody battles, with each one fighting for a favorable outcome, which is often to be granted sole or legal child custody. Unfortunately, custody determination is sometimes complex unless the parents can mutually agree on how to share parenting time.

Courts often consider many factors to uphold the children’s best interests. One of the crucial factors judges must evaluate is parental fitness, which often entails checking whether a parent engages in substance abuse.

If you’re fighting for custody and believe your ex-spouse is unfit due to substance abuse, talk to skilled family lawyers in Overland Park. They can help you prove your claim and create a solid case to show why you’re the better-suited parent to be granted custody of your children.

What is The Role of Substance Abuse in Custody Cases?

A parent suffering from drug or alcohol abuse addiction can pose a threat to the physical, psychological, and emotional welfare of the children. They cannot adequately care for the children if the other parent is no longer present or there is no support system from the extended family.

A parent’s substance abuse may be a known factor at the beginning of child custody negotiations. In such a case, they may be able to retain their custody privileges as long as they enroll in an alcohol management program. That way, the children can spend time with the affected parent safely.

However, claims of unmanaged alcohol abuse that threaten a child’s well-being and safety can dramatically affect custody arrangements. If you’re in the middle of a custody battle and your children’s other parent has an ongoing addiction or behaves irresponsibly with alcohol, consult experienced child custody lawyers in Overland Park for legal counsel and representation.

How Can I Prove Substance Abuse in a Child Custody Case?

If you claim that your children’s other parent has a substance abuse problem in a child custody case, you must substantiate your statements to a reasonable degree that holds weight. That means you require evidence to settle the claims definitively. It can be easy to produce records that prove patterns of alcohol abuse if your ex-spouse has an extremely long history of substance abuse.

Examples of such include:

• Court-mandated drug treatment programs
• Medical records that show excessive alcohol or drug abuse
• DUI arrests or convictions

However, the accused parent may aggressively fight to defend themselves and claim that they don’t pose a threat to the children. Depending on the case intensity and your ex-partner’s history of substance abuse, your Overland Park child custody lawyers may help you file a request to the court to subject your ex-spouse to tests that can help corroborate your claims:

EtG Test

An EtG test can detect the presence of ethanol (alcohol) in an individual’s urine to prove or disprove whether the accused has consumed alcohol in the past 80 days.

However, it can initially be challenging to convince your ex-spouse to take the test unless there is past documentation that shows excessive alcohol use. The records can prompt the court to mandate the test.

However, a downside is that it’s not a guarantee that the court will mandate the EtG test. Besides, while the results can show traces of alcohol in the subject’s system, the fact doesn’t necessarily imply alcohol abuse. An EtG test doesn’t rule out responsible alcohol use. Consult skilled child custody attorneys on whether the test is viable in your case.

Witness Testimony

Another method to substantiate alcohol abuse claims is to have a witness testify in court about the accused’s drinking patterns and whether they find them excessive and risky. However, the testimony remains hearsay unless the witness testifies under oath or is subpoenaed.

Your family attorneys in Overland Park can help evaluate witness statements to determine if they support your claims. Other ways in which you can prove alcohol or drug abuse are:

• Employment records showing absenteeism and other adverse effects due to substance abuse
• Reports from custody evaluations on the impact of the parent’s drug abuse
• Social media posts that reveal excessive drinking
• Repeated, incoherent voicemails or texts indicating that your ex-spouse is often drunk

Can A Parent Lose Their Custody Rights Due to Substance Abuse?

If substance abuse is proven, the court will determine that the parent in question is unable to make decisions in the best interests of the children, exercise parenting time without restrictions, or safely care for the children. Such a parent can lose custody rights or even affect a custody order already in place.

If your ex-spouse has sole custody of the children but has started showing worrying signs of substance abuse that pose a risk to the children’s welfare, you could request a custody modification. Child custody lawyers in Overland Park can help you show that:

• There has been a substantial change in circumstances
• The modification request is in the children’s best interests.

A parent could also lose their custody rights if convicted of a DUI under aggravating factors such as:

• Having a child in the car during a DUI
• Having a very high blood alcohol concentration
• Being a repeated DUI offender

A Skilled Family Lawyer Helping You Navigate Parental Substance Abuse in a Child Custody Case

Child custody cases can become complex if one parent has a substance abuse problem. Reaching a mutual agreement may be impossible, and the court may subject you to a lengthy custody determination process before issuing the final order. You can easily get frustrated, but working with skilled child custody attorneys in Overland Park can relieve your burden.

Lawyers know how divorce and child custody laws work in Kansas. They can fight to help you achieve the most favorable outcome to ensure your children’s welfare is protected. At Barnds Law LLC, we believe in keeping families together while upholding everyone’s rights. Call us at 913-514-0909 to schedule a strategy session.

What Does the Law Say About Relocating a Child in Kansas?

Child custody cases are sometimes faced with challenges, with custodial parents sometimes violating the terms of the order. Custody orders have a parenting plan that stipulates who has physical and legal custody of the child and how and when the non-custodial can access the child.

While there are no specific laws concerning child relocation, KSA 23-3222 guides custodial parents on what to do if they wish to relocate with the child. If you’re a parent whose visitation rights have been violated because the other parent relocated with the child, consult skilled family lawyers in Overland Park for legal counsel and representation.

When Is Relocation an Issue?

Under Kansas law, a parent can have one of the following types of child custody:

• Legal custody, which grants the right to make crucial decisions concerning the child’s life
• Physical custody, meaning they live with the child some or all of the time
• Visitation rights that allow them to access, visit, and spend time with the child

Child custody attorneys in Overland Park explain that whatever custody rights a parent has, they can’t move away with the child without the other parent’s consent or the court’s approval. A parent must notify the other parent 30 days in advance if the move entails going away for more than 90 days or changing the child’s official residence.

The notice has to be written and sent through mail, with a request for a return receipt. It must include the following information:

• The address, alternate mailing address, and home telephone number of the new residence
• Names and ages of the people living in the new home and those who intend to live there
• The name of the new school that the child will attend
• The reasons for the proposed relocation
• The date of the relocation
• A proposal for a revised custody arrangement

Failure to provide a written notice when taking the children away under the above conditions is considered contempt of court. The only time the notice isn’t required is if the non-custodial parent has been convicted of committing crimes against the child.

What If I Don’t Approve the Relocation?

If you receive a relocation notice from your ex-spouse, you may object to the move for various reasons. Skilled child custody lawyers in Overland Park can help you move the matter to court to resolve it legally. A lot goes into the process, with the parent who wants to relocate carrying the burden of proof to show that the move is in the child’s best interests.

Factors that Determine a Custodial Parent’s Request to Relocate with the Child

Kansas courts make decisions concerning children based on the child’s best interests principle. The preference is to keep both parents living close to each other so they can spend as much time as possible with the child and be involved in their growth, education, and daily activities.

However, substantial changes may occur, requiring a parent to relocate. Judges must weigh the potential benefits and disadvantages of the move concerning the child’s best interests. For example, moving to another state or country may lead to the overall improvement of the child’s life if the parent moves because of:

• A better job opening or increased earnings from a new job
• Closer proximity to the extended family, who can help with the child’s care and support
• A new marriage that could put the child in a two-parent family.

Judges will also consider the adverse effects of the move, such as reduced contact with the non-custodial parent. Other factors that may affect a court’s decision in relocation and child custody cases are:

• Whether the parents can afford long-distance visitation
• Whether the relocating parent has a good reason to move or is acting to frustrate the other parent by making it difficult for them to spend time with the child
• Whether the non-custodial parent is objecting to the move and the reasons for doing so
• The child’s need for stability in other relationships such as school, neighborhood, and religious group
• The child’s preference in the custody dispute depends on their age

What Are the Consequences of Moving with a Child Without the Necessary Permission?

Typically, divorcing spouses sign a divorce settlement, which includes co-parenting arrangements. The agreement may state what will happen if a parent moves with the child without informing the other.

If your ex-spouse has repeatedly violated a child custody order and you can’t seem to resolve the issues amicably, talk to Overland child custody lawyers to help you seek a legal solution. Parents could face severe consequences if they violate the order, including:

• Hefty fines, jail time, or both
• Loss of primary custody if the other parent seeks modification of the child custody order based on the move
• Criminal charges such as parental child abduction

It’s essential for a parent to thoroughly check the child custody order for conditions or requirements of moving with a child. If the divorce case is ongoing, both parents must adhere to the restrictions on relocating or traveling with the child.

Overland Park Attorney to Address Relocation in Your Child Custody Case

Being denied custody of your child can be frustrating. It can get worse if your ex-spouse violates your visitation rights by moving away with the child without your consent or the court’s approval. If you’re in such a situation, seek the legal counsel and assistance of experienced family attorneys in Overland Park. They can assess your situation and advise you about your rights and how to handle the issue.

Barnds Law LLC has a team of passionate and dedicated child custody lawyers who can help you in your child custody case. Tell us if your visitation rights have been violated or if you disagree with the parenting schedule. We will carefully listen to your grievances and work with you to find the most favorable solution for your child’s sake. Call us at 913-514-0909 to schedule a strategy session.

Understanding What a Hardship License Is in Kansas and Why It’s Important to Check the Status

Having your license suspended can make it difficult to get through daily life. You can’t drive to work or school, run up to the grocery store, or go to the coffee shop with friends without needing to ask someone for a ride. It can be hard to give up your independence, but there may be a way to get your driving privileges back. A hardship license can help you get back to your normal activities, but it’s not always easy to obtain. Learning how a hardship license works, including the requirements and whether it’s possible to obtain one with certain charges, such as felony DUIs, can help you understand if this is an option for you.

What Is a Hardship License?

A hardship license is more commonly known as a limited restricted license. Drivers who have had their licenses suspended can apply for a limited restricted license to be able to legally drive a vehicle for specific reasons. These are usually limited to driving to and from work, going to school, or attending drug or alcohol treatment. To apply for this restricted license, you usually still have to serve at least a portion of your license suspension.

If you lost your license because of a DUI conviction, you will also be required to have an ignition interlock device on your car. Every time you go to drive your car, you will need to blow into the device like you would a Breathalyzer test. Only after the device registers an acceptable blood alcohol content level (less than 0.04) are you able to start the car.

How Do You Apply for a Hardship License?

To apply for a limited restricted license, you must first complete any mandatory license suspension period. If your license was suspended after a DUI where you failed a breath test, you must serve at least 45 days of your license suspension. If you refused the breath test completely, you must serve 90 days of your suspension.

Once you have completed this time, you can apply for a limited restricted license by filling out form DC-1015 with the local Department of Motor Vehicles. This form is the application to modify a driver’s license suspension. You must also have an ignition interlock device installed on your vehicle before you can get your driving privileges reinstated. You will need form DC-1015 and the paperwork from the ignition interlock installation to get your restricted license.

Can a Request for a Hardship License Be Denied?

It’s important to note that a hardship license is a convenience and not a right. You are not automatically awarded a restricted license after serving part of your suspension, and you are not guaranteed to be approved when you apply. In fact, there are several reasons that your applications may be denied.

If you have failed to appear in court for a traffic citation and this is listed on your record, you could be denied a restricted license. You can also be denied if you were ever convicted of not carrying car insurance. Drivers with a conviction for driving with a suspended license or reckless driving are also likely to be denied. If this is not your first DUI or license suspension and you have been deemed a habitual violator by the courts, your application may be denied.

Keep in mind that nondriving-related legal issues can also make it harder for you to get a restricted license. For example, drivers who are not up to date with their child support payments may be denied.

How Do You Check Your License Status?

Knowing the status of your license is the first step in finding out if you can apply for a restricted license. Only those with suspended licenses can apply for a restricted license, so knowing that your license is revoked or canceled instead of suspended can help you know what your options are and what paperwork to file.

The Kansas Department of Revenue has a website that lets you check your license status easily online. All you need is your driver’s license number, your first and last name, and your date of birth. Once you enter this information and click the “Check Status” button, you will be able to see what the current status of your license is.

How Do You Get a Driver’s License Back?

To get your driver’s license back after a suspension or revocation, you need to follow the procedures set forth by the state of Kansas. This will vary depending on why your license was taken away and whether you are eligible for reinstatement at any point. If your license was permanently revoked, there may be nothing you can do to get your driving privileges reinstated. In other situations, you may just need to wait out your suspension period, or you may need to go through the process of getting your license again as if you were a new driver.

If you’re not sure whether you may be able to get a restricted license or what to do once your suspension period is over, an attorney can help. At Barnds Law LLC, we know how difficult it is to try to navigate modern society without being able to independently operate a car. We’re here to help you understand whether a restricted license may be an option in your case and how to start the process. Call our office at 913-514-0909 to find out more.

6 Strategies to Protect Your Business From Child Support Garnishments

As a business owner, you’ve put a great deal of time, energy, and effort into building a successful business. But what happens when you’re ordered to pay child support? Can your business earnings be counted toward your income? Can your business accounts be garnished? These are important questions. Each situation is different, so it’s always best to talk with an attorney about how your child support order will impact your business and vice versa. But there are some general steps you can take to protect your business from child support garnishments.

1. Don’t Hide Income

It’s important to always be honest when you’re dealing with business and money issues, and this includes the financial disclosures that are a part of every child support case.

Both parties will need to fill out paperwork that includes how much money they make. Attempting to hide income from your business or undervaluing the business to try to get child support lowered is considered fraud. If you are found out, you could face additional penalties, such as criminal charges or retroactive child support garnishments.

If you’re not sure what counts as business income or personal income or how to value your business accurately, talk to a family law attorney. They can provide some guidelines and refer you to other resources if you need additional help.

2. Make Sure You’re Legally Operating as a Business

If you want to protect your business from child support garnishments, you actually have to be operating a business. A side gig job, such as working as a 1099 contractor for a grocery delivery service, may not count as an actual business. In general, you need to be able to show the courts that you have set up your business as a professional entity.

This can include obtaining and operating under an Employer Identification Number (EIN), keeping business and personal accounts separate, and having any required insurance or licenses for your industry.

3. Keep Your Personal and Business Finances Separate

One of the biggest mistakes business owners make is to combine business and personal finances. Without a separation between your business and personal finances, it can be very difficult for the courts to determine what is business income and what is personal income.

It can also negate any financial protections operating as a business would have given you. Even if you’re operating as an LLC or other specific business entity, if you are commingling your business and personal finances, all of the money could count as personal income for legal purposes. Best practices include having separate business banking accounts and ensuring that a business credit card is only used for business expenses.

4. Keep Accurate Records

Maintaining accurate records is one of the most important things you can do for your business — and your child support case. Accurate bookkeeping makes it easier to show what’s business income and what’s personal income. It also ensures you have the paperwork necessary to verify your income or business assets, which can be crucial for parents who don’t get traditional W-2s to prove their income for child support.

Keeping accurate records also ensures that you’re able to show the difference between your business’ revenue and its profits. You should be able to produce reports on business expenses like payroll, insurance, and supplies so that these aren’t counted in the profits of your business. Make sure to give your attorney and anyone working in your legal interests — such as a forensic accountant — a copy of your profit and loss statement so they can verify your income and help you understand what to expect when it comes to child support.

5. Ensure You Understand Your Obligations

It’s normal to be focused on how much you have to pay per month as you’re finalizing a child support case, but it’s critical to ensure that you understand what can happen if you don’t follow through with your obligations. The courts take child support very seriously, and it’s possible for you to be subject to enforcement measures such as garnishments, tax refund interceptions, and even jail time if you don’t keep up with your support payments.

Depending on how your business is set up, this could potentially extend to your business income. A garnishment on your business profits could significantly impact your company, continued business growth, and valuation if you ever consider a sale or merger.

6. Speak With a Family Law Attorney

When you work with clients, you’re the knowledgeable professional they come to to find out what they need to do and the best way to do it. But when you’re involved in a child support case, your attorney is the one with all the experience. Just like you would tell your clients that they need to rely on your experience and expertise, it’s important for you to consult an attorney about your business interests and how to protect them from child support. An attorney can let you know what parts of your business income may be considered for child support payments and what legal options and strategies you can use to keep your business from being affected by your case.

Being a business owner isn’t easy, and it can complicate already challenging family law issues such as child support. Find out what you need to know and discuss the particulars of your situations with an experienced family law attorney when you contact Barnds Law LLC. Call 913-514-0909 to speak with a team member in our Overland Park, Kansas, office to schedule your appointment.

What is the Divorce Process in Kansas?

No one looks forward to the end of their marriage, but when it is no longer working, the only way out could be a divorce. The process can be stressful, and you may need help figuring out where to start.

In Kansas, you or your spouse can file a no-fault divorce, stating that you’re no longer compatible or your marital differences are irreconcilable. You could also file a fault-based divorce petition if your spouse is mentally incapacitated or fails to perform their marital duties. How long it takes for the court to finalize the divorce depends on whether the marriage dissolution is contested or uncontested.

Working with skilled family lawyers in Overland Park can enhance the process while ensuring the most favorable outcome. After filing a divorce petition in Kansas, divorcing parties must wait 60 days before the divorce can be finalized. A divorce is considered final after a judge signs the decree of divorce, which is then filed with the Clerk of the District Court.

What Factors Affect the Time it Takes to Finalize a Divorce?

The time it takes for a judge to issue the final divorce order depends on the case’s circumstances. Divorce lawyers in Overland Park explain the following key issues that arise in divorce cases and which significantly impact the proceedings:

Whether the Divorce is Contested or Uncontested

If a divorce is uncontested, divorcing parties mutually agree on the divorce settlement terms. In that case, the divorce may be finalized once the 60-day waiting period is over.

You and your ex-spouse can present a signed written agreement to the court for the judge’s approval. Divorce lawyers in Overland Park can oversee the agreement to prevent mistakes. However, if the divorce is contested, a divorce decree won’t be issued until you reach an agreement. Alternatively, you may have to go to trial to have the court decide on the matters you can’t agree on, such as child custody, spousal support, and property division.

The Discovery Process

Once you file a divorce petition for a contested divorce, the court issues temporary orders to maintain the status quo until the final divorce decree is issued. With the orders in place, the discovery process begins, which entails:

• Requesting a production of documents by your ex-spouse. These include bank account statements, payroll, retirement account statements, loan accounts statements, business financial records, and other crucial records that prove what your spouse owns regarding assets and income. These are crucial in property division.
• Gathering and submitting the same kind of documents from your side and submitting them to your ex-spouse or their divorce lawyer
• Drafting a list of questions to which the other party should provide written sworn answers.
• Exchanging pertinent information to help your Overland Park divorce attorneys prepare the final draft settlement agreement. The document comprises the parenting schedule, residential custody plan, child and spouse support, and how to split the assets.

The discovery process can be tedious and complicated if one party is unwilling to cooperate, which can increase the time it takes to have the divorce settled. However, a successful discovery process reduces the chances of the case going to trial. You also have a higher chance of a favorable outcome if you work with experienced Overland Park divorce attorneys.

Residency Requirements

Kansas laws stipulate that only residents can file for divorce. You or your spouse must be a resident of Kansas for at least 60 days before filing the petition. The filing party must also live in the county where they file the petition, although courts may grant exceptions in specific cases.

If you don’t meet the residency requirements, your divorce attorneys in Kansas can provide legal guidance on other alternatives:

• Establish your residency by living in Kansas for 60 days before filing the petition.
• Request your spouse to submit a petition for divorce if they meet the residency requirements. The option would likely be viable in an uncontested divorce.
• Choose another state in which to file the petition. You and your spouse must fulfill the minimum requirements to file for divorce. Any of these options can take time to work with, ultimately affecting the time it takes to finalize the divorce.

Besides, navigating the nuances of each option can be challenging, so consider working with skilled divorce attorneys in Overland Park for legal guidance and support.

Issues that Could Complicate Your Case

Various personal issues could complicate your divorce, resulting in a lengthier and more stressful process. If the divorce is contested, disagreements on the following issues can take center stage, making the process more complicated and time-consuming:

• Retirement accounts
• Minor children
• Large marital assets and debts
• Alimony requests

Availability of Judges Affect on Your Case

The court’s or judge’s availability also affects the time it takes to finalize a divorce. The divorce hearings may be far apart depending on the court schedules, the judge’s calendar, and the court’s docket. All these factors can take a toll on you, especially if you want to finish the process quickly to rebuild your life. Experienced family attorneys in Overland Park may be able to expedite the process since they understand how the system works.

A Skilled Overland Park Divorce Attorney Guiding You Through the Process

The divorce process is sometimes a challenging affair, given the complexities that can surround the process, especially in contested divorces. Negotiating a favorable settlement agreement with an unwilling spouse can be stressful. However, skilled Overland Park divorce lawyers can help you explore the most viable options for a desirable outcome.

Barnds Law LLC hosts experienced and knowledgeable family lawyers who can help you handle your divorce case. Our team can assess your unique circumstances, evaluate the risks and options, and guide you through each step to establish a fair and equitable settlement as quickly as possible. Call us at 913-514-0909 to schedule a case strategy.

How Do Spouses Hide Assets During a Divorce?

During a divorce, both spouses must disclose all their financial assets to enable the court to make a fair property-division decision. However, some spouses may not disclose all their assets. Sometimes, that happens as a mere oversight, while in other cases, they withhold this information because they don’t want to share the property with their ex-spouses.

The situation is common in high net-worth divorces and cases where one spouse owns a business. If you suspect your soon-to-be ex-spouse is hiding some assets or income, consult skilled family lawyers in Overland Park. They can help you uncover how your spouse is trying to hide assets and also provide legal counsel on how to find them.

An example of how your spouse may try to hide assets is using the business to make it appear like they have less money than they do. For example, they can set up trusts or transfer money to someone else in the form of a “gift,” only to have it returned after the divorce is over. They may also avoid entering into lucrative business deals during the divorce.

What Types of Assets Do Divorcing Spouses Attempt to Hide?

Spouses can hide a wide range of marital assets, but divorce lawyers in Overland Park say that the most common ones include the following:

• Real estate owned by a business
• Cash and valuables
• Stock certificates in paper form
• Precious metals, which often lack a paper trail

In addition to assets, some spouses may have unreported or hidden income, especially those engaged in cash employment. Examples are lawn service providers, hairdressers, or waiters whose substantial portion of their pay comes through in cash.

How Can I Find My Spouse’s Hidden Income?

Your first step if you suspect your spouse is hiding assets is to hire skilled Overland Park divorce lawyers for legal counsel and representation. They can help you take the right legal steps to find the property while protecting your rights to equitable distribution. Here are some documents that may help you discover hidden financial accounts and property:

Income Tax Returns

Your spouse could withhold crucial financial information from you, but they could fear being untruthful to the IRS. An excellent place to find your spouse’s hidden income is by checking their income tax return.
Comparing copies of recent year’s tax returns could help you locate income you knew nothing about. Your divorce attorney in Overland Park can help track and analyze these records so you can make sense of them.

Bank Accounts

Your spouse could have withdrawn money from a bank account you are aware of to one you didn’t know existed. Get copies of bank statements, look for transactions you were not aware of, and try to track the fund’s destination. A red flag could be a money transfer to a new personal account or a friend’s account.
Your Overland Park divorce attorneys can send a written request issued by the court clerk to the bank where you suspect your spouse has a hidden account. With a proper subpoena, the court will be obligated to produce all copies associated with your spouse’s name. The court can hold the bank in contempt if it doesn’t cooperate.

Credit Card Statements

How your spouse uses their credit card could also give information about hidden money. The statements can reveal how your spouse spends money on a new person of interest or acquires assets you know nothing about. An overpayment of the account could signify that they paid for an asset that should be split with you.

Loan Applications

Loan application records can give you insights into your spouse’s hidden assets. Before lending institutions can approve a loan, they often ask for a completed application, account records, recent pay stubs, and a signed declaration of all assets and debts. Getting a copy of this loan application record can confirm your suspicions about your spouse’s hidden assets or income.

Business Records

It’s essential to pay attention to all business or investment records during divorce proceedings. Whether a business is a sole proprietorship, corporation, partnership, or limited liability company, it could reveal crucial details to help uncover details about assets you never knew existed.

Your Overland family lawyers can review actual profits and losses from each enterprise, payments received through business transactions and never reported on tax returns, and any investments made. These could be indicators of funds diverted away from joint or other known accounts to acquire assets without your knowledge.

Public Records

A scrutiny of public records may reveal real estate, vehicles, or other assets that your spouse purchased behind your back. Experienced divorce attorneys in Overland Park can guide you on the places to check for this information.

Consider Hiring a Forensic Accountant

A forensic accountant is a neutral investigator who can help you discover hidden assets. Your lawyers can hire the experts, or you can engage them independently to help you prove your spouse’s hidden assets. However, you must disclose to your spouse what you’re doing to avoid clashing with the law.

A forensic accountant’s job entails reviewing your spouse’s financial records to look for inconsistencies that may indicate fraud or unexplained expenses. For example, mortgage payments for someone else without explanation could mean your spouse is hiding assets from you.

An Experienced Family Lawyer Helping You Discover Hidden Assets During Divorce

Property division is one of the thorny issues during a divorce. Marital assets should be divided equitably. If you suspect your spouse is hiding some of them to avoid splitting them with you, consult skilled divorce lawyers in Overland Park. Avoid finding the hidden assets alone, as that could be considered fraudulent.

Having a legal backup can make all the difference in your case. The family lawyers at Barnds Law LLC can evaluate your case and help you uncover your spouse’s hidden assets. We work hard to protect our clients’ rights and won’t relent until you get the most favorable outcome in your divorce case. Call us at 913-514-0909 to schedule your strategy session.

Understanding What a Hardship License Is in Kansas and Why It’s Important to Check the Status

Having your license suspended can make it difficult to get through daily life. You can’t drive to work or school, run up to the grocery store, or go to the coffee shop with friends without needing to ask someone for a ride. It can be hard to give up your independence, but there may be a way to get your driving privileges back. A hardship license can help you get back to your normal activities, but it’s not always easy to obtain. Learning how a hardship license works, including the requirements and whether it’s possible to obtain one with certain charges, such as felony DUIs, can help you understand if this is an option for you.

What Is a Hardship License?

A hardship license is more commonly known as a limited restricted license. Drivers who have had their licenses suspended can apply for a limited restricted license to be able to legally drive a vehicle for specific reasons. These are usually limited to driving to and from work, going to school, or attending drug or alcohol treatment. To apply for this restricted license, you usually still have to serve at least a portion of your license suspension.

If you lost your license because of a DUI conviction, you will also be required to have an ignition interlock device on your car. Every time you go to drive your car, you will need to blow into the device like you would a Breathalyzer test. Only after the device registers an acceptable blood alcohol content level (less than 0.04) are you able to start the car.

How Do You Apply for a Hardship License?

To apply for a limited restricted license, you must first complete any mandatory license suspension period. If your license was suspended after a DUI where you failed a breath test, you must serve at least 45 days of your license suspension. If you refused the breath test completely, you must serve 90 days of your suspension.

Once you have completed this time, you can apply for a limited restricted license by filling out form DC-1015 with the local Department of Motor Vehicles. This form is the application to modify a driver’s license suspension. You must also have an ignition interlock device installed on your vehicle before you can get your driving privileges reinstated. You will need form DC-1015 and the paperwork from the ignition interlock installation to get your restricted license.

Can a Request for a Hardship License Be Denied?

It’s important to note that a hardship license is a convenience and not a right. You are not automatically awarded a restricted license after serving part of your suspension, and you are not guaranteed to be approved when you apply. In fact, there are several reasons that your applications may be denied.

If you have failed to appear in court for a traffic citation and this is listed on your record, you could be denied a restricted license. You can also be denied if you were ever convicted of not carrying car insurance. Drivers with a conviction for driving with a suspended license or reckless driving are also likely to be denied. If this is not your first DUI or license suspension and you have been deemed a habitual violator by the courts, your application may be denied.

Keep in mind that nondriving-related legal issues can also make it harder for you to get a restricted license. For example, drivers who are not up to date with their child support payments may be denied.

How Do You Check Your License Status?

Knowing the status of your license is the first step in finding out if you can apply for a restricted license. Only those with suspended licenses can apply for a restricted license, so knowing that your license is revoked or canceled instead of suspended can help you know what your options are and what paperwork to file.

The Kansas Department of Revenue has a website that lets you check your license status easily online. All you need is your driver’s license number, your first and last name, and your date of birth. Once you enter this information and click the “Check Status” button, you will be able to see what the current status of your license is.

How Do You Get a Driver’s License Back?

To get your driver’s license back after a suspension or revocation, you need to follow the procedures set forth by the state of Kansas. This will vary depending on why your license was taken away and whether you are eligible for reinstatement at any point. If your license was permanently revoked, there may be nothing you can do to get your driving privileges reinstated. In other situations, you may just need to wait out your suspension period, or you may need to go through the process of getting your license again as if you were a new driver.

If you’re not sure whether you may be able to get a restricted license or what to do once your suspension period is over, an attorney can help. At Barnds Law LLC, we know how difficult it is to try to navigate modern society without being able to independently operate a car. We’re here to help you understand whether a restricted license may be an option in your case and how to start the process. Call our office at 913-514-0909 to find out more.