The post Five Common Post-Divorce Modifications appeared first on Colgan Law Firm LLC.
]]>If you’re seeking guidance from a skilled divorce attorney in Kansas after your decree has been finalized, here are five common areas where modifications might be necessary.
Changes in employment, health, or living situations can profoundly affect child custody arrangements. Perhaps one parent has moved or undergone significant lifestyle changes, or the child’s needs have evolved as they’ve grown older. When these changes impact the child’s best interests, a modification in child custody may be in order. For instance, if a non-custodial parent becomes more capable of providing care, custody arrangements might shift to reflect this new capability.
Financial situations are rarely static, and a change in income for either parent can prompt a reevaluation of child support payments. In Kansas, either parent can request a review of child support if there’s a material change in circumstances, such as a significant increase or decrease in income, or new financial needs of the child. Remember, the focus is always on what best supports the child’s well-being.
Much like child support, alimony or spousal support can be modified post-divorce. For example, if the paying ex-spouse loses their job or experiences a salary reduction, they may seek to lower their spousal support obligation.
The initial parenting time schedule that was set during the divorce may not work indefinitely. Changes in work schedules, the needs of the children, or relocation might require adjustments to visitation arrangements. A parent might need more time with their children or need to reallocate visitation to weekends due to new job demands. The goal should always be to serve the best interests of the children while accommodating parents’ schedules.
Relocating with a child post-divorce can be complex, particularly if moving impacts the other parent’s ability to maintain a relationship with the child. Relocation may necessitate changes in custody, visitation, and support orders. In Kansas, the relocating parent is typically required to provide notice and obtain approval from the court or the other parent before moving, especially if the move would significantly affect the current custody and visitation arrangements.
Adjusting to life after divorce isn’t always straightforward. As dynamics shift, the decrees that once seemed perfect may no longer suit your current situation. That’s where post-divorce modifications come in. They’re not about winning or losing; they’re about reflecting change and upholding equity for all parties involved.
If you need assistance with modifying your divorce decree in Kansas, don’t navigate these complex legal processes alone. Contact the experienced divorce lawyers at Colgan Law Firm LLC by calling 913-721-6067. They have the expertise to guide you through each step, ensuring your post-divorce modifications are handled with care and professionalism.
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]]>The post Navigating Divorce for Military Spouses: Finding the Right Lawyer appeared first on Colgan Law Firm LLC.
]]>The first and most important factor to consider when choosing a divorce lawyer is their experience in military divorce cases. A seasoned lawyer with experience in this area will be well-versed in the complexities of military divorce, including the division of military pensions and other benefits, custody arrangements for children of military families, and jurisdictional issues that may arise when spouses live in different states or countries. Look for a lawyer who has worked with military clients in the past, and who can provide references from previous military divorces.
In addition to experience, it is important to consider the location and availability of your lawyer. If you and your spouse are both currently stationed in Kansas City, it may be advantageous to choose a lawyer who is also based in the area. However, if one or both of you are stationed elsewhere, you will need to find a lawyer who is familiar with the laws and regulations of both Kansas and the state where your spouse is stationed. Additionally, military life can be unpredictable, with deployment and training schedules that can change at a moment’s notice. Look for a lawyer who is flexible and able to work with your schedule, with the ability to communicate through phone or video conferencing if necessary.
As a military spouse, your separation or divorce can have a significant impact on the benefits you and your family receive. For example, if you have been married for at least 10 years and your spouse has served for at least 10 years of active duty, you may be entitled to a portion of their military pension. Additionally, you may be eligible for continued access to health insurance through TRICARE after your divorce. It is important to understand the implications of these benefits, and to work with your lawyer to ensure that they are being properly addressed in your divorce settlement.
Divorce is never easy, but the added stress of military life can make the process even more difficult. Separation, deployment, and frequent moves can take an emotional toll on both spouses and children, making it important to work with a lawyer who understands the unique challenges that military families face. Look for a lawyer who is empathetic and understanding, and who will be able to provide emotional support as well as legal guidance throughout the divorce process.
Ultimately, the key to successfully navigating divorce as a military spouse in Kansas is to work closely with your lawyer to create a comprehensive plan that addresses all of the unique challenges of your situation. Be sure to communicate your priorities and concerns with your lawyer, and work together to develop a plan that protects your rights and ensures a smooth transition to your post-divorce life.
Divorce is a difficult and emotional process for anyone, but for military spouses in Kansas, it can be even more complex. When choosing a divorce lawyer, it is important to look for someone with significant experience in military divorce cases, as well as a deep understanding of the unique challenges that military families face. By working closely with your lawyer to develop a comprehensive plan that addresses all of your concerns, you can protect your rights and ensure a smooth transition to your post-divorce life.
At Colgan Law Firm LLC, we are committed to helping military families in Kansas City through every step of the divorce process, and we are here to provide compassionate and knowledgeable legal guidance when you need it most. Contact us today at 913-721-6067 to schedule your confidential consultation.
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]]>The post Modifying Child Custody Orders in Kansas: What You Need to Know appeared first on Colgan Law Firm LLC.
]]>To obtain a modification of a child custody order, there must be a substantial change in circumstances. This means that the circumstances that existed at the time the original order was entered have changed, and those changes are significant enough to warrant a modification. Some common reasons for modification include the following:
It is essential to consult a family law attorney to determine if your reason for modification meets the legal requirements.
The modification of a child custody order does not happen automatically. A parent must file a motion with the court requesting the modification. The parent must explain the substantial change in circumstances that has occurred and why the modification is in the best interest of the child. If both parents agree to the modification, the court will likely approve it. However, if the parents do not agree, the court will hold a hearing to consider the motion.
It is important to note that a parent cannot file a motion for modification of a child custody order anytime they want. Instead, the parent must wait until a certain amount of time has passed since the last custody order was entered. In Kansas, a parent must wait at least two years from the date of the last order before filing a motion for modification, unless the court finds that the child’s present environment endangers the child’s physical or emotional health or impairs the child’s emotional development.
Kansas courts weigh the child’s best interests when considering a modification motion. The court will examine various factors, including the child’s relationship with each parent, the stability of each parent’s home environment, and the child’s education, physical, and emotional needs. The court may also consider the child’s preferences if the child is of appropriate age and maturity.
The process of modifying a child custody order can be complex and time-consuming, often involving courtroom hearings, testimonies, and legal paperwork. It is crucial to have the assistance of an experienced family law attorney to guide you through the process. A qualified attorney will ensure that your rights are protected and that your child’s best interests are prioritized.
Modifying a child custody order in Kansas can be a challenging and long process. It is essential to understand the legal requirements, reasons for modification, how to apply, and the best interests of the child standards. A family law attorney, such as the attorneys at Colgan Law Firm, LLC, can provide the necessary legal assistance you need to protect your rights and your child’s best interests.
With years of experience in child custody matters, Colgan Law Firm, LLC, proudly serves clients throughout Johnson, Leavenworth and Wyandotte counties. Contact us to schedule a consultation, and we will help you navigate the process and achieve the best possible outcome. Call us today at 913-349-9458.
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]]>The post How to Appoint a Guardian or Conservator for an Adult or a Disabled Child Turning 18 appeared first on Colgan Law Firm LLC.
]]>However, if the appropriate estate planning steps have not been taken before the onset of disability, the potential guardian or conservator must take legal steps before assuming their role. Here is everything you need to know about how to protect your vulnerable loved one in Kansas.
There are two main situations when petitioning the court for a guardianship or conservatorship becomes necessary:
In either scenario, the impaired adult or teenager must demonstrably lack the mental and physical capacity to either manage their own self-care and meet vital needs or responsibly handle their financial and legal affairs.
The first step in legally appointing a guardian or conservator is to file a petition in the local district court. This petition will state why the appointment is necessary, provide personal details about the proposed ward/conservatee, list their nearest relatives, describe their assets, and suggest an appropriate guardian/conservator.
A medical report and examination must be filed with the court within five days of the petition. The court will also set a trial date, appoint an attorney for the proposed ward/conservatee, and issue notices to all involved parties.
Before issuing formal letters of appointment, the proposed guardian/conservator must file an oath pledging to faithfully carry out their duties. A conservator may also have to post a bond to protect the conservatee’s estate.
After their appointment, the guardian/conservator takes on lasting duties and obligations. These include:
The court closely monitors each guardianship and conservatorship to protect the rights and interests of the incapacitated individual.
If you need help establishing a guardianship or conservatorship for a vulnerable loved one, the compassionate Kansas attorneys at Colgan Law Firm, LLC, want to meet you at your convenience. Our team has a thorough knowledge of the legal process and can handle the complicated procedural steps on your behalf, so you can focus on more important matters. Contact us today for a confidential consultation to learn more.
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]]>The post Guardianship in Kansas: Who It’s For, and What it Does appeared first on Colgan Law Firm LLC.
]]>At Colgan Law Firm, LLC, our family law attorneys are committed to helping Kansas children get the love and care they deserve. We are also committed to helping family members understand the complicated laws that govern Kansas guardianship. Guardianship in Kansas: who is it for and what does it mean?
A guardian or conservator is a person appointed by a Kansas court to act on behalf of a child or an impaired individual. That person is called a ward. The guardian is legally responsible for managing a ward’s health, safety, and physical welfare. A conservator is responsible for the ward’s financial well-being through upholding duties assigned by the court. The guardian and conservator can be the same person. In most cases, parents have the right to manage a child’s physical and emotional well-being. However, death, neglect, and custody disputes may make it necessary for the courts to step in and appoint a legal guardian.
Guardianship is for any minor or impaired individual who needs legal protection from harm or imminent danger. Guardianship may be needed when a parent dies or abandons a child or if a child is not getting proper care because of impairment, lack of resources, or involvement in criminal activities. Furthermore, there are times when a guardianship or conservatorship must be created for an impaired child who reaches the age of majority, or when a previously healthy adult is no longer able to make their own financial decisions or manage their own assets. We will explore these scenarios further in our December blog.
Court-appointed guardianship gives an individual the legal right to make crucial decisions on behalf of a child or impaired individual. A guardian becomes the person responsible for ensuring that a child’s physical and emotional needs are being met. They advocate for the child and exercise authority when decisions are needed. They also help support the child’s or impaired individual’s developmental and psychological well-being.
A court-appointed guardian may also manage the finances and estate of the minor or impaired individual, acting in good faith on behalf of the child, or the court may appoint a separate conservator.
Extended family members are often good choices for guardians. Kansas courts can appoint grandparents, aunts, uncles, and other relatives as guardians for a child or impaired individual. However, there are situations where the family cannot act as a guardian or existing family members wish to avoid taking on the immense responsibility of being a guardian.
The Kansas Guardianship Program partners with the State of Kansas to locate and recruit volunteers willing to advocate for children and impaired individuals in need. Volunteers can be accepted into the program and eventually be appointed to advocate for those needing a guardian. However, all volunteers must submit to a rigorous screening process, training program, and numerous assessments before becoming cleared to advocate for a child or impaired individual.
Guardianship does not end automatically in Kansas. However, the court can end guardianship for several reasons, including when a guardianship relationship is no longer needed or ceases to exist. The most common example of the court ending a guardianship arrangement occurs when a minor turns 18. A court can also end guardianship when an individual is no longer impaired and can manage their affairs.
Navigating Kansas’s complicated guardianship laws can be daunting. You can help a child or impaired individual by consulting with an experienced Kansas City guardianship attorney as soon as possible. At Colgan Law Firm LLC, we aggressively advocate for you and your loved ones. Let us walk you through the Kansas guardianship program. Contact our office today at 913-721-6067 to set up a legal consultation to discuss your case.
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]]>The post How long does spousal support last in Kansas? appeared first on Colgan Law Firm LLC.
]]>Spousal support is commonly known as alimony and denominated as maintenance under Kansas state law. It is a financial assistance that one spouse may be required to pay to the other following their divorce. The primary purpose of spousal support is to ensure that both parties maintain a similar standard of living to what they were accustomed to during the marriage, particularly in cases where one spouse may have sacrificed career opportunities or personal growth to support the household or raise children. It’s a recognition that marriage is a partnership, and even after it ends, there may be financial disparities that need to be addressed.
State law does not mandate the payment of maintenance. Rather, a judge must weigh the facts of the case and decide based on the facts at play. Furthermore, it can be paid in many ways, including as a single lump sum, in regular payments over time, as a percentage of earnings, or on any other basis as the divorcing spouses and courts see fit.
Kansas state law specifically states that a court cannot order maintenance to last for more than 121 months, or just over 10 years. Furthermore, support payments will end if one of the spouses dies or when the recipient spouse remarries.
The amount and duration of maintenance payments are determined based on various factors, including:
Courts in Kansas consider these and other criteria to make a fair determination. Spousal support can be temporary, lasting only until the divorce proceedings are finalized, or it can be long-term, extending for a specified period after the divorce or, in rare cases, indefinitely.
Yes, Kansas allows for the modification of support arrangements on the condition that there has been a material change of circumstances since the divorce decree. However, the affected party must be notified of the intent to change the arrangement, and the ex-spouse making the payments must consent to an increase or acceleration in the amount owed.
The awarding of spousal support could have a major effect on your future, whether you’re the spouse expected to make the payments or the one likely to receive them. As such, you need an experienced Kansas divorce attorney in your corner, protecting your rights and advocating for your interests. You need Colgan Law Firm LLC.
Our lawyers are proud to serve the people of Leavenworth, Wyandotte, and Johnson counties, and we have decades of experience to put at your disposal. Contact us today for a confidential consultation about your case, and we’ll explain in detail what you can expect.
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]]>The post How Do Assets Get Divided in a Divorce in Kansas? appeared first on Colgan Law Firm LLC.
]]>At Colgan Law Firm LLC, our knowledgeable Kansas divorce attorneys understand your concerns. We want to help you understand divorce and the division of assets in Kansas and how to protect yourself and the assets you’ve worked to accumulate.
Generally, states use one of two methods for dividing assets in divorce. Some states follow community property guidelines, while others use the equitable distribution system. Kansas subscribes to the equitable distribution system when dividing assets between spouses. Under equitable distribution, the court evaluates a case and divides marital assets according to what is “fair.” Equitable distribution does not necessarily mean an equal 50-50 split. “Equitable” means dividing assets in a manner that is fair and just to both parties involved.
Additionally, only property considered to be marital property is subject to division under equitable distribution principles. Separate property or assets acquired by an individual before marriage are not subject to division during a divorce. Gifts and inheritances acquired during marriage may also be categorized as separate property in some circumstances.
Once all marital property has been accounted for:
Kansas courts review several factors to help them determine what constitutes a fair distribution of property, debts, and assets during a divorce. Some of the circumstances the court may examine can include:
A decree must also untangle any other legal instruments involving the divorcing parties as spouses. As such, it must provide for changes in designated beneficiary for:
Sit Down with an Experienced Kansas City Divorce Attorney Today
Are you worried about how your assets will be divided during your upcoming divorce? Discuss your concerns with an experienced Kansas City divorce attorney. At Colgan Law Firm LLC, we can review your situation, discuss your goals, and help you navigate this challenging time. We know divorce can be an emotional process, and we want to support you every step of the way.
Contact or call our Kansas City office today at 913-721-6067 to request a personalized legal consultation. We want to help you achieve the most favorable outcome possible for your case.
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]]>The post Modifying Child Custody Orders for a Military Move appeared first on Colgan Law Firm LLC.
]]>If a child custody order is already in place and does not provide for a military move, both parents can work with the court to modify the order. However, remember that child custody orders are typically subject to state laws, and the court will consider these laws when deciding whether a service member can modify an order for a move. According to state law, the court can modify or change a prior order of residency, custody, visitation, and parenting time if either party shows a material change of circumstances. A material change of circumstances includes substantial and continuing changes that make the terms in the original order unreasonable or impossible.
The Servicemembers Civil Relief Act (SCRA) protects service members’ rights while on active duty. The act covers individuals such as:
Under the SCRA, service members may:
Like other states, Kansas has laws that protect service members’ rights in custody cases and prohibit parent-child separations due to military service from determining child custody decisions. Under state law, the failure to comply with a custody order by a parent who receives deployment, mobilization, temporary duty, or unaccompanied tour orders from the military does not, in itself, constitute a material change in circumstances permitting a permanent change to the order. As such, a non-military parent may only temporarily change a child custody order due to the military parent’s deployment or mobilization. A military parent returning from deployment, mobilization, temporary duty, or unaccompanied tours may file a motion with the court to amend or modify the temporary child custody order. By law, the court must prioritize the case, and a hearing must be set within 30 days of filing the motion. Furthermore, the non-military parent has the burden of proving that reinstating the original child custody order is not in the child’s best interests.
The act also protects a service member’s visitation rights during deployment. Those rights can be delegated to another family member with a substantial and close relationship with the minor child, such as a grandparent.
If you are a service member with questions about modifying a child custody order for a military move, you need an experienced, compassionate family law attorney to fight for your rights and interests.
At Colgan Law Firm LLC, we understand your predicament and can help you modify a custody order to meet your child’s needs. Call us at 913-721-9999 or contact us online for a confidential consultation with one of our lawyers in Kansas City, Kansas.
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]]>The post How Is Child Custody Determined in Kansas? appeared first on Colgan Law Firm LLC.
]]>At Colgan Law Firm LLC, we want to help answer your questions about how Kansas child custody determinations are made. Familiarizing yourself with state laws regarding child custody can give you a better understanding of how the court views children’s best interests.
“Child custody” is a catch-all term for several child custody arrangements. There are two types of custody categories: legal and physical. Legal custody gives parents the right to make vital decisions about a child’s life. For example, medical decisions, education, and religious affiliation fall under legal custody. Physical custody or residential custody refers to the primary residence of the child. In other words, who does the child physically live with?
The courts can award joint custody to both parents or sole custody to one parent. Sole custody is usually only granted in cases where one parent is not a part of the child’s life, such as when they’re in prison or mentally incapacitated.
Both parents may retain joint legal and physical custody of a child, or both parents may accept legal custody of a child, with one awarded sole physical custody. A judge may approve different custody arrangements depending on the circumstances of both parents and what is best for the child.
In divorce cases, it is a phrase you often hear: “the best interests of the child.” Yet, what does that mean, and how does a Kansas judge determine what is in the child’s best interests?
The best interests of the child standard helps guide a judge toward making custody decisions that benefit a child’s physical and emotional growth and development. Typically, a judge evaluates several aspects of each parent’s financial, emotional, and physical situation to help them determine custody arrangements.
Some of the relevant factors a judge may consider when evaluating a child custody case include the following:
Additionally, a judge may wish to consider other pertinent information to help them arrive at a child custody agreement that benefits the child’s needs. In cases where one parent retains sole physical or residential custody, the other may have parenting time to help them maintain a role in the child’s life.
The best way to advocate for yourself and your child is to discuss your situation with a knowledgeable and experienced Kansas City family law and child custody attorney. At Colgan Law Firm LLC, we know you are going through one of the most challenging times of your life. We want to offer you the support and compassion you need while we fight to protect you and your child. Contact our legal team at 913-721-6067 today to learn more.
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]]>The post How Social Media Can Affect Your Divorce Case in Kansas City appeared first on Colgan Law Firm LLC.
]]>At the Colgan Law Firm, LLC, our Kansas City, KS divorce lawyers have seen how seemingly harmless social media posts have come back to haunt people. We want to help you reach the best possible outcome in your divorce, and social media can play a surprisingly large role in these proceedings. Below you’ll find information on how social media can affect your family law case and tips on using social media safely while your case is ongoing.
We know many people turn to social media for support during a divorce, but in many cases, the harm from social media outweighs the benefits. We recommend that everyone stay off social media entirely until their divorce concludes to help avoid these potential adverse effects:
Although staying off social media is best, if you want to use social media during a divorce, keep the following tips in mind:
Managing your social media accounts during a divorce is just one part of a complex process. Don’t try to handle all the different aspects of a divorce on your own. The caring and knowledgeable attorneys at Colgan Law Firm can provide guidance on proper social media use and help your Kansas divorce go as smoothly as possible. Call 913-721-9999 or reach out online for your free consultation.
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