Legal Question in Family Law in Kansas
Child suport/divorce
In 1996 my wife and I adopted 2 children in the state of Florida. My wife decided to move to Kansas in 2001 to start a new life for the children. She went ahead and I was to follow but she called and said its over and wanted a divorce. Next I was served papers concerning divorce. Everything was fine when she left and then she filed these papers. I don't know what my rights are or next step is. I don't know if she was within the rights of the law to leave the state of Florida because of the adoption. Do I have to give consent for this divorce? She is already receiving $662. a month plus free medical and vision until the age of 18. They are protective service children. They want $498. a month child support and she lives with her mother, pays no rent, or utilities.
3 Answers from Attorneys
Re: Child suport/divorce
It is assumed that she has filed for divorce in Kansas. She does not require your consent to move from Florida to Kansas. She may file for divorce in Kansas after meeting its residency requirement. She will likely be granted a divorce whether or not you contest it. The issue of child support, visitation, custody, etc. will be based on the best interests of the children, you/her relative income, etc. It appears she has planned the move; if she is granted custody, she will be granted support based on income and needs of the children.
Re: Child suport/divorce
Your consent is not necessary. However, invest in legal services to at least initially considering the jurisdiction of the KS courts.
Re: Child suport/divorce
I will give you my suggestions as KS counsel...for goodness sake, contact KS counsel immediately. There may be all kinds of jurisdictional issues which the lay person does not understand. KS is a no-fault divorce state at present, meaning unless u can show irreparable harm by the actions of your wife, the court will not hear arguments of fault of mom and dad. There will be a child support calculation based upon the income available to mom and dad, the ages of the children, any special needs and definitely travel costs for visitation should be taken into consideration by the court. I would alert you not to let orders be put in place w/o you having benefit of KS legal counsel. Good luck.