Kansas Recent Legal Answers from Lawyers

Usually the reporter will contact you for a response.  Under the consumer protection act, you have the opportunity to cure the problem.  you did.  under the uniform consumer credit code you have an obligation to correct and credit card charge.  you did that.  the problem was the fault of the processer and not yours, though you are ultimatly responsible as it was your processer.  the sould be a satisfactory response for the reporter to drop the story, or at lesst give on air time to respond.  an attonrey can buffer betwen you and the reporter and be your contact.  Jeff... Read More

Hi James,   KSA5 8-2550 allows you to recover the security deposit and a penalty of one and a half times the security deposit.  the Landlord has a duty to notify you of any amout deducted from your security deposit and the reason for the deduction within 30 days of the termination date.  in your case the landlord has failed to notify you of the reason for any deduction.  you are owed at least $450 and possible $552 based on their acounting.  in addition you are owed a penaly of at least $675 and at most $828.  you cannot recover attorney fees in a suit against a landlord.  i can represent you to send a demand letter and negotiate a return of the deposit and penalty on a 1/3 contingency fee, but will not file suit as the amount is too small.  your best option is to go to small claims court.... Read More

I completely understand what you want to do. But you should not, even though you can put the child through adoption and terminate the biological parent's rights. This would be unfair and very harsh. The biological parent has been making child support payments and might not want the child to be placed for adoption by your current companion. His attorney will make that argument and win the case making you look bad and risking custody as well. If he agrees to the adoption to terminate parental rights and child support obligations than that is different. Keep in mind that the new father is only in his life for almost 3 years, compared to the biological father. The man gave birth to him and if he wishes to turn around his life that is different. Who is to say, after the adoption is done and god forbid you guys don't work out and decide to split up, he can take the child with him since he is the adopted parent. Or worse he decides to abandon you both? I will say, be flexible with the biological father as biological parents should maintain their rights. Anyhow, feel free to contact an attorney for more details. Please keep in mind that not all lawyers are the same, therefore be very cautious as to which attorney or law firm you chose to work with. We are based in New York but my network of SMS ATTORNEYS does travel out of state for clients and we might have a Child Custody lawyer available in Kansas. Feel free to give us a call for a free consultation. If you're facing financial hardship, one option may be to speak with the court clerk about a court-appointed lawyer, known as a Pro Bono, or free lawyer. If you would like to retain our services while on a limited budget, do let us know and we will try to do our best to offer payment plans options. Ahsan Syed answer and comments to questions are for general purposes only and do not constitute legal advice or establish an attorney-client relationship with SMS ATTORNEYS without a signed retainer. Thank You. Toll-Free 1-877-866-8665 // Child Custody Lawyer in Kansas.... Read More

The child is an adult now so I highly doubt that anyone will even consider going back to adjust the balance. However, you might be able to file a lawsuit against the Department for "one of those cases that slipped thru." Above answer and comments to questions are for general purposes only and does not constitute legal advice or establishes an attorney-client relationship without a signed retainer. Please reach out to an attorney you are comfortable with working and discussing your case in more details. If you can not afford a private attorney, you may be eligible for a Pro Bono lawyer provided by some courts and if not, feel free to ask about our affordable payment plans.... Read More

Every state has guidelines regarding child support payments, even for parents that are unemployed. The state does not want a specific amount of money unless specifically ordered in court. As a parent, whatever income you have you should pay the custodial parent state established percentage for child support payments. Above answer and comments to questions are for general purposes only and does not constitute legal advice or establishes an attorney-client relationship without a signed retainer. Please reach out to an attorney you are comfortable with working and discussing your case in more details. If you can not afford a private attorney, you may be eligible for a Pro Bono lawyer provided by some courts and if not, feel free to ask about our affordable payment plans.... Read More

Well you could file as soon as 3 months before the 5 year anniversary or 6-1-18 unless you obtained the green card from a us citizen spouse-if that then u could file now. You would also need to establish continuous residence which means no absences outside the USA for more than 6 months. It appears you may have a problem due to your 2 absences which were 11 months each. It’s best to discuss your situation with immigration counsel to be fully advised on the best approach to take.... Read More

There are various collection procedures available to judgment creditors (I assume that you have reduced your award to a judgment; you can't do anything without one), but you have to initiate them, they won't happen automatically.  The procedures include seizing and selling the debtor's assets, but regardless of what price is received, you will receive no more than the judgment amount (plus interest and perhaps incidental fees).  However, you may be able to "bid in" at any auction of property up to the judgment amount.  So, for example, if you have a $100 judgment and the debtor's golf clubs were being auctioned, you could bid up to $100 without having to pay any actual cash.  If you win the bid, the amount would just be deducted from your judgment.  This gives you an advantage at any auction (which are generally poorly attended and don't generally result in a sale at fair market value), and you may be able to get a bargain.... Read More

In your situation, if you reentered the U. S. on or after 4/1/97, no waiver is available unless you have spent at least 10 years outside the country at which point you can apply for such waiver. If prior to that time, you might be eligible for a waiver. In the former situation, you would only appear eligible for immigration relief in removal proceedings under withholding of removal or withholding under the convention against torture. Due to the limitations of the Lawyers.com Forums, Alan Lee, Esq.'s (the "Firm") participation in responding to questions posted herein does not constitute legal advice, nor legal representation of the person or entity posting a question. No Attorney/Client relationship is or shall be construed to be created hereby. The information provided herein by the Firm is general, and requires that the poster obtain specific legal advice from an attorney. The poster shall not rely upon the information provided herein as legal advice nor as the basis for making any decisions of legal consequence.    ... Read More

In Kansas, spousal maintenance (formerly known as alimony) is based on a party's financial need, and the other party's ability to pay. Not all cases require a spousal maintenance payment. The amount of spousal maintenance is normally based on a percentage of the differential in the two parties' incomes. You may also consider negotiating a trade of the house for a waiver of spousal maintenance, but there are tax implications in that situation.... Read More

I don't know if there is any such thing as a "small claims lawyer"; small claims, by definition, are generally worth less than a lawyer would be paid.  Also, would you have a way of proving your case if you can't travel to the Court to testify?  Why don't you sue in California?  You may not be able to use small claims court for a dispute involving an out of town defendant, but if the firm was dealing with you in California and the suit arises out of those dealings, it seems likely that California would have jurisdiction over it - you can sue in the California court of general jurisdiction.... Read More

A holographic Will is one in which the important provisions of the Will are in your handwriting and it is signed by you.  It never hurts to have your signature notarized and/or to have witnesses.  The issue is whether you understand what you own and who you would like to receive it upon your death.  Most Will challenges are based on allegations of someone who did not receive assets or as much as they wanted that the person who signed the Will did not understand what they were signing. ... Read More

If it is discovered that you are taking means tested benefits like food stamps, that could have an effect on your mother's obtaining resident status as you must supply an I-864 affidavit of support in order for her to immigrate. Although the chances of discovery are not high, there is still a risk. Even if you have a financial co-sponsor, a relevant question by an adjudicating officer upon discovery could be whether the co-sponsor's affidavit of support is credible since the cosponsor is not assisting your financial situation.Due to the limitations of the Lawyers.com Forums, Alan Lee, Esq.'s (the "Firm") participation in responding to questions posted herein does not constitute legal advice, nor legal representation of the person or entity posting a question. No Attorney/Client relationship is or shall be construed to be created hereby. The information provided herein by the Firm is general, and requires that the poster obtain specific legal advice from an attorney. The poster shall not rely upon the information provided herein as legal advice nor as the basis for making any decisions of legal consequence.  ... Read More

In Kansas, common law marriage is valid if three separate conditions are all met: 1) the parties have the ability to get married (normally meaning they are of age and are not already married); 2) the parties intend to be married to each other; and 3) the parties hold themselves out to the public as being husband and wife. If the parties file a "married filing jointly" tax return, then that would satisfy the condition about holding themselves out to the public as being husband and wife, but the first two conditions may not be met. If only the third condition is met, then the parties are not married under common law, but they have filed a false tax return.... Read More

The H-1B petition belongs to the employer not you. There is no reason why the employer cannot file a response to the RFE. You should not face any immigration consequences from pursuing multiple H-1B petitions so long as you do not commit fraud or misrepresentation. You will eventually need to pick one employer to go with unless the H-1B petitions are for part-time work. ... Read More

More information is needed to determine the process. Without knowing why you were subject to the bar and where you currently reside, I cannot tell you the process. I encourage you to consult an attorney. In the interim, you can read more about family immigration at http://myattorneyusa.com/family-immigration.... Read More

Possibly. Your ability to return will depend upon why you were deported. Assuming you are eligible to return, you will need to file an application for permission to reapply and possibly a waiver of inadmissibility. I encourage you to consult an attorney before applying for a visa. You can read about nonimmigrant visas at http://myattorneyusa.com/nonimmigrant-visas.... Read More

Your daughter's husband does not necessarily need to start over. It will depend upon exactly where in the immigration process he was when your daughter passed away. Regardless, he would need a substitute sponsor in order to get his green card. To be his substitute sponsor you will be required to sign an affidavit of support agreeing to reimburse various federal, state, and local governments if he accepts means-tested benefits. Aliens have also used these affidavits of support to sue sponsors for a certain level of support. I would proceed with caution. You can read more about the affidavit of support at http://myattorneyusa.com/sponsoring-for-immigrant-visas-or-adjustment-of-status.... Read More

Your status as of October 1st would be H-4 if your request for a COS from F-2 to F-1 is approved before October 1st. It currently takes 2.5 to 6 months for USCIS to adjudicate a request for a change of status. The processing time varies depending upon the Service Center that will process the request. It is possible that the change of status would approved by mid-August but it will be close. You can read more about student status at http://myattorneyusa.com/student-visas.... Read More

The short answer is yes, just because a car has been repossessed does not mean that the debt has been forgiven. The car dealer will re-sell the car and the original buyer is liable for any deficiency balance on the original purchase price and the new sales price. However, a debt like this could be wiped out in a Chapter 7 or Chapter 13 Bankruptcy. It would also stop any lawsuit by the car dealer for the repossession.... Read More