Legal Question in Family Law in Kansas

15 years ago I fled the state of Ok with my three children due to a very violent domestic event with my now ex-husband. Long story short due to the nature of the assault and long time history of alcohol and drug abuse along with physical abuse I was asked by the police officers what I intended to do. The assault included an attempted strangulation on myself with my three small children and young niece as witnesses. For fear of mine and my children's lives I decided to leave the state. It was suggested I admit my ex into a mental hospital. Along with the assault he was yelling and screaming that he had killed a woman and various other horrible things.

I contacted DVAC in the state of Ks and they assisted me in leaving and settling in.

I then filed for divorce, had to wait (I believe 60 or 90 days to per state requirement). Ex was served many times and never showed up. (8 hour drive). He also did not show up to the custody hearing. I provided the police reports etc to the judge and he was granted supervised visitation only after taking a drug and alcohol test.

Fast forward...he only paid child support for one year, for the three children he was required to pay 324 a month. He is now facing jail time for non-payment. His father called asking if I would waive all back child support to help him out, and also mentioned that the judge told my ex that he could also take me to court for "kidnapping his children". Can he do that?

Let me also state that he and his family have always known how to reach me. He has not even spoken to my children in 13 years. I have never taken action to him paying child support etc. It has just taken 15 years for this to catch up with him.

Can I be taken to court for kidnapping??


Asked on 9/02/10, 5:37 am

1 Answer from Attorneys
Anthony Smith LawSmith

Obviously, you are nto able to provide all the pertinent facts of the fifteen year history. So, this answer may be differnet if the facts change. But, it appears that you have a custody and visitation order, as part of your divorce, which occurred after you left Ohio. Therefore, it seems very unlikely that a prosecutor would seek to go after you for kidnapping. That is an issue that your ex would have and probably should have raised in the divorce and custody proceedings. The statute of limitations for kidnapping may have expired anyway.

Perhaps you should tell yoru ex father-in law, that if he pays half the arearage, that you will waive the remainder against his Son.

Good luck

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Answered on 9/07/10, 10:13 am


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