Legal Question in Family Law in Kansas

My daughter has been living with this man for almost 5 years and they have a beautiful daughter (2) and one on the way. They are seperated now and he left does not give any support for the gilrs and my daugter has a broken arm and ant work they live in Paola Kansas. What are her options they are common law as I understand it. Thank You Terry


Asked on 6/29/12, 8:25 am

1 Answer from Attorneys

Anthony Smith LawSmith

Terry,

It appears that your daught may have several options. She can try to file a divorce petition based upon the claim of common law spouse, and that she is preganant with her husband's child. . She could get a custody and support order as part of it. She might just want to file a Petition for Child support for the 2 year old. That might amke it easier to get support for the new child whn it is born. She would have to prove up paternity.The state will probably help her enforce the support order(s).

Unless she can prove up a marriage, there would probably not be a support oirder for yoru daughter. Unmarried partners don't owe support to one another. She might qualify for Food Stamps, TANIF or some other type of governmental assistance.

Good luck

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Answered on 6/30/12, 8:48 am


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