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Kansas City Legal Blog

Deciding who pays student loan debt in a divorce

Since Kansas is an equitable property state, if residents get a divorce, the court will take several factors into account when deciding how to divide student loan debt. For example, if one person cosigned for the other spouse's student loan, then both people will probably be responsible for the debt. If one person came into the marriage with student loan debt, it will probably not be considered marital property, and that person will continue to be solely responsible for it.

In other cases, the issue is less clear cut. For example, a judge might consider how much support one spouse offered to the other in attending school, such as whether the person cared for the home or provided transportation. Spouses who offered more support may be less obligated to shoulder part of the debt. A court may also take income into account and be less likely to require a lower-earning spouse to help pay back student loans for a higher-earning spouse.

HBO seeks to move Michael Jackson lawsuit to arbitration

Kansas residents who watched the recent HBO documentary 'Finding Neverland" are undoubtedly aware that it did not paint a very flattering picture of Michael Jackson. The deceased pop star's estate was not pleased when HBO announced that it planned to air the film and filed a lawsuit in February claiming that the network violated an agreement it signed with Jackson in 1992. The agreement allowed HBO to show footage of a Michael Jackson concert that took place in Bucharest if it agreed to not disparage the singer in the future.

HBO wants to move the case to arbitration and says that 'Finding Neverland" was released long after their 1992 deal with Jackson had been terminated. The network disputes the estate's interpretation of the 1992 agreement and also maintains that the documentary only mentioned the Bucharest concert in passing. HBO's efforts to resolve the case in arbitration are based on a provision of the 1992 agreement that calls for all legal issues arising from it to be settled in a private court.

When money just won't make the situation right

Entering into contracts is what your business does in order to move forward and become a success. You may spend some time fostering these relationships, and things may go well for a time.

Then, someone fails to fulfill his or her end of the bargain. No matter what you try, the other party isn't willing to provide you with the goods or services you were to receive under the contract. Without those services or goods, your business will suffer harm.

Potential penalties for a drunk driving conviction

Those who are found driving under the influence of drugs or alcohol on a Kansas road may face many different penalties, ranging from a fine to time in jail. It is also possible that a driver who is convicted of impaired driving will be required to have an ignition interlock device installed on his or her vehicle. Such a device won't allow a car to start if it a driver has a blood alcohol level of .02 or higher.

A judge could also require that driver to go to traffic school or other driver education courses. Failure to comply with an order to complete an education or rehabilitation program may result in a longer license suspension. It may also result in additional sanctions handed down by that judge. A license could be revoked completely if an individual has been convicted of drunk driving in the past.

How Kansas women can prepare for a divorce

While divorce is never simple for anybody regardless of their gender, women often face unique challenges. Unfortunately, some wives are not kept up to speed on the household's entire financial picture. Being in the dark about financial assets such as investments can make it difficult to navigate the difficult process of divorce.

Before filing for divorce, a woman should obtain three important documents that will help secure her financial future. These documents are tax returns, a lifestyle analysis and a net-worth statement. Having these three important documents on hand can go a long way toward making sure all future settlements are well-informed.

Will your child need your guardianship even as an adult?

If you have a child with certain special needs, you may understand and accept that your child will never have the ability to fully control his or her own life. You may not have had to worry about this issue much because, as the parent, you have done your best to care for your child and handle his or her affairs already. However, as your child reaches the legal age of adulthood, you may need to take steps to maintain that ability.

When your child reaches the age of 18, you lose the ability to legally handle certain aspects of his or her life. If you know that your child will not be able to maintain a home, attend to medical needs or handle financial obligations due to a mental or physical disability, you may want to take steps to obtain guardianship.

What may happen to a business in a divorce

Kansas couples who own a business together must decide what to do with the business if they get a divorce. Some couples are able to continue running the business even if they do not have an amicable relationship although this can make it much more difficult. They may need to find a way to restructure the business to minimize their contact with one another.

One spouse could buy out the other, but this may not be possible if both spouses are equally critical to the success of the business. If they do agree on this course of action, they should have the business appraised first. However, the spouse who is keeping the company might not have enough cash flow to purchase it outright. An alternative could be a payment plan. Selling the business may be necessary if this is not financially feasible.

The keto diet could render false positive breath test for DUI

Residents of Kansas who are on the popular keto diet for health and weight loss might want to hear about a curious drunk driving case that happened earlier this year. The Houston-area attorney for a man who was charged with DUI got the charges dropped after discovering that his client was on the keto diet. The attorney claims that a positive breath test was reading alcohol on the man's breath that was not there because he had been drinking, but because he was in ketosis.

The keto diet is a low-carbohydrate, high-fat diet that puts the body in a metabolic state called ketosis. In ketosis, the body becomes more efficient at burning fat. But ketosis also creates acetone in the body, which can be released through the breath as isopropyl alcohol.

Higher-earning wives may be more likely to divorce

When a Kansas wife earns more money than her husband, divorce could be more likely. This is true even though women make half the income or more in nearly 33% of relationships. According to a 2017 report by the Pew Research Center, a perception remains that men should be the breadwinners.

The Bureau of Labor Statistics reports that more than one-third of wives are higher earners than their husbands. Some husbands are stay-at-fathers, but in other cases, they may only be working part-time and spending more than the couple can save. On average, however, married men are the top earners in the workplace; they make more than single men, single women or married women.

How income factors into child support payments

Kansas parents who get divorced may be required to pay child support to their spouse. The amount of a child support payment will be partially based on a parent's income. A judge will usually include salary, interest income and any distributions received from an employer or from a business that the parent owns. Other forms of income that may be used to determine a child support payment include deferred or carried interest as well as any bonuses received.

A judge will be able to look deeper into a parent's financial records to determine the extent of his or her resources. The goal is to make sure that the children maintain as close to the same lifestyle after the divorce as they did while their parents were married. It is also important to note that a child support payment could be based on what a parent should be earning as opposed to what he or she actually earns.

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