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HAVE SUPPORT/LEGAL QUESTION!!!!

Posted by on May. 1, 2012 at 11:35 AM
  • 18 Replies

okay my MIL is staying with us until she figures things out. she hasnt worked in over three years. Her DH, my step father in law, is the only name on the deed on the house.

A) my MIL should qulaify for medicaid right? she has hearing and vison problems (documented) she is considered disabled (again her doc recommened her for disability) she has seizures and depression.

B) even though her name isnt on the deed if she wanted she can take him to court for half of everything righ? (the house was bought after their marriage)

C) will she qualify for spousal support?

she has no job and no income of her own

and if it helps she lives in kansas

by on May. 1, 2012 at 11:35 AM
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Replies (1-10):
silverdawn99
by Jamie on May. 1, 2012 at 11:38 AM

BUMP!

xxlilmomma09
by on May. 1, 2012 at 11:39 AM
She needs to consult with an attorney in her local area. Every state has different stipulations.
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silverdawn99
by Jamie on May. 1, 2012 at 11:40 AM

she might but she is  looking for options

Quoting xxlilmomma09:

She needs to consult with an attorney in her local area. Every state has different stipulations.


silverdawn99
by Jamie on May. 1, 2012 at 11:40 AM

BUMP!

joeynwillsmom
by Silver Member on May. 1, 2012 at 11:41 AM
No idea of #1 but if you're in a community property state yes to #2 and usually they have to have been married 10+ years for #3. But all states are different.
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xxlilmomma09
by on May. 1, 2012 at 11:42 AM
Equitable Distribution

Kansas is an "equitable distribution" state as opposed to a "community property" state. This doesn't refer to whether or not there is community property to be divided between spouses but to the way it's divided. "Equitable distribution" means a "fair" disbursement of assets as opposed to a black-and-white, down-the-middle 50/50 division. Since the concept of fair is objective, equitable distribution can be at the mercy of a judge.

Marital Property

Kansas Statute Chapter 23, Article 201(b) defines marital property as being anything acquired or purchased during the marriage, up to and including retirement benefits that accrue due to years of service and "professional goodwill to the extent that it is marketable for that particular professional."

Separate Property

Under Kansas Statute Chapter 23, Article 201(a), certain property is exempt from being divvied up at the time of divorce. An asset that you owned prior to getting married would be considered yours alone as long as it remained solely in your name during the marriage. If that asset threw off any income but you kept the income in an account in your sole name, those funds would be "safe" as well. Finally, inheritances are almost invariably exempt from distribution if you never "commingled" them, i.e. if you kept them isolated from your spouse in holdings in your sole name.

Settlement Agreements

Judges countrywide prefer couples to reach an agreement between themselves as opposed to making the court decide, and Kansas is no exception. The beauty of this is that a property settlement agreement (sometimes called a separation agreement) does not have to obey case law if you don't want it to. It can simply detail a settlement or deal that you personally consider to be fair. Once it is signed by the spouses, it can be filed with the court and it will supersede the statutes.

Division of Assets

When judges in Kansas have to weigh factors to make the decision of which asset goes to which spouse in a divorce, the Kansas Statutes Chapter 60, Article 16, Subject 1610(b)(1) provides a check list of the issues that they're allowed to consider. These include the age and earnings capacity of each of the parties, as well as the length of the marriage, how exactly the property was acquired in the first place and whether or not a spouse can afford the upkeep of the asset, if any, if it is awarded to her. The court is also allowed to factor in misconduct by one spouse or the other if that person recklessly ran through other assets during the marriage
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silverdawn99
by Jamie on May. 1, 2012 at 11:42 AM

they have been married for 15 years i believe

Quoting joeynwillsmom:

No idea of #1 but if you're in a community property state yes to #2 and usually they have to have been married 10+ years for #3. But all states are different.


sherry132
by Sherry on May. 1, 2012 at 11:43 AM

She's gonna need a lawyer to answer those questions. The answer varies from state to state. 

If the marriage was less than something like 5 or 10 years it's unlikely he'll owe her anything besides half the assests, and even then, she'd need a lawyer to deal with the house. But like I said, it varies from state to state. That's basically Oklahoma laws, which is the only divorce laws I have any experience with. 

xxlilmomma09
by on May. 1, 2012 at 11:44 AM
1 mom liked this
Based on Kansas Statutes 60-16-1601]

LEGAL SEPARATION:

A legal separation may be granted on the same grounds as a divorce, and may contain provisions detailing how matters will be handled during the separation, including provisions relating to a parenting plan. Any provisions relating to the legal custody, residency, visitation parenting time, support or education of the minor children shall be subject to the control of the court. A separation agreement may be incorporated into a divorce decree if the court finds it to be valid, just, and equitable. [Based on Kansas Statutes 60-16-1601]

MEDIATION OR COUNSELING REQUIREMENTS:

Parents may be required to attend parent education classes, and if they are unable to come to an agreement concerning parental responsibilities, the court may require mediation, unless mediation would be inappropriate in the particular case. [Based on Kansas Statutes 60-16-1626]

PROPERTY DISTRIBUTION:

Kansas is an equitable distribution state, meaning that the property will be distributed in an equitable fashion if the parties can't reach an agreement. The court shall consider the following factors when dividing marital property:

[Based on Kansas Statutes 60-16-1610]

ALIMONY/MAINTENANCE/SPOUSAL SUPPORT:

Spousal maintenance may be awarded to either spouse in an amount the court finds to be fair, just and equitable under all of the circumstances. Maintenance may be awarded as a lump sum, in periodic payments, on a percentage of earnings, and the court may not award maintenance for a period of time in excess of 121 months. If the original decree contains provisions empowering the court to hear subsequent motions, and such motions are filed before the termination of 121 months, then the court may extend maintenance for a period of no more than 121 months. [Based on Kansas Statutes 60-16-1610]
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silverdawn99
by Jamie on May. 1, 2012 at 11:47 AM

thank you so much!

Quoting xxlilmomma09:

Based on Kansas Statutes 60-16-1601]

LEGAL SEPARATION:

A legal separation may be granted on the same grounds as a divorce, and may contain provisions detailing how matters will be handled during the separation, including provisions relating to a parenting plan. Any provisions relating to the legal custody, residency, visitation parenting time, support or education of the minor children shall be subject to the control of the court. A separation agreement may be incorporated into a divorce decree if the court finds it to be valid, just, and equitable. [Based on Kansas Statutes 60-16-1601]

MEDIATION OR COUNSELING REQUIREMENTS:

Parents may be required to attend parent education classes, and if they are unable to come to an agreement concerning parental responsibilities, the court may require mediation, unless mediation would be inappropriate in the particular case. [Based on Kansas Statutes 60-16-1626]

PROPERTY DISTRIBUTION:

Kansas is an equitable distribution state, meaning that the property will be distributed in an equitable fashion if the parties can't reach an agreement. The court shall consider the following factors when dividing marital property:

[Based on Kansas Statutes 60-16-1610]

ALIMONY/MAINTENANCE/SPOUSAL SUPPORT:

Spousal maintenance may be awarded to either spouse in an amount the court finds to be fair, just and equitable under all of the circumstances. Maintenance may be awarded as a lump sum, in periodic payments, on a percentage of earnings, and the court may not award maintenance for a period of time in excess of 121 months. If the original decree contains provisions empowering the court to hear subsequent motions, and such motions are filed before the termination of 121 months, then the court may extend maintenance for a period of no more than 121 months. [Based on Kansas Statutes 60-16-1610]


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