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David James Brown

David Brown’s Answers

4 total

  • Do I have to pay back child support if my kid has died

    My son was hit by a train and died fiv e years ago .and im still paying suppor

    David’s Answer

    Generally, no you do not have to pay support for a child that has died. If, however, there was unpaid child support due and owing at the time of the child's death, you could be required to pay that unpaid amount. You should contact an attorney experienced in child support issues to get advice about what would be needed to get an order terminating your obligation to pay child support.

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  • How to get a divorce in Lawrence Ks. My husband left the state of KS. My husband and i have not lived together for 10 yrs.

    How long will it take and how much will it cost me. Since I do not know were he is does that mean i do not need him to sign any papers?

    David’s Answer

    I can answer some of your questions, but not all because I need more information.
    First, if you both lived in Kansas you can file for divorce in Kansas if you still live here. That is true even if he moved to another state.
    Second, your husband must be served. The good news, however, is that if he really can't be located you can serve by publication. You don't have to find him and he doesn't have to sign anything. Indeed, even if you knew where he was, he wouldn't have to sign anything.
    Third, there is a 60-day waiting period for divorce in Kansas. That means you must wait 60 days from the date you file a divorce petition before the court can divorce you.
    What I can't tell you is what your divorce will cost. There are too many things I don't know. Do you have children? Do you own real estate? Can your husband be located? All these factors will affect costs as they affect the amount of time your attorney will need to work on your case. Depending on your answers to these questions, and other factors (for example, the hourly rate charged by your attorney) I would guess your divorce would cost between $1,500 and $3,500. If someone says they can handle it for less, be very cautious.
    The best advice I can give is to not rely on anything I've said here, but to instead meet with an experienced divorce attorney and dices the specifics of your situation with that attorney.

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  • In kansas, will a court grant a divorce if the woman is pregnant?

    In Kansas, will a court grant a divorce if the woman is pregnant

    David’s Answer

    If the parties are irreconcilablly incompatable, a Kansas court will certainly grant a divorce to a pregnant woman provided all other requirements of the divorce statute have been met.

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  • Where do I get the paperwork to file for sole custody? The court where the case is says I have to contact a lawyer.

    She is threatening to leave state and my daughter called me today crying and asking me to pick her up, her mother heard her, screamed at her, and hung up the phone. Neither one of us have custody currently and I can't afford a lawyer so I'm doing...

    David’s Answer

    Ideally, you should have a lawyer. If you are in Douglas County, Kansas, you should try calling Legal Aid, 785-864-5564. Legal assistance may be available at no charge. If that isn't a viable option, try Kansas Legal Services, 785-838-3401. If neither of those options work, you can find a wide variety of legal forms in the Douglas County Law Library. The Douglas County Law Library is in the courthouse building at 111 East 11th Street in Lawrence.

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