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Cases of Interest: Kansas
© National Legal Research Group, Inc.

Bankruptcy (full category)

KANSAS: In re Marriage of Ray, ___ Kan. App. 2d ___, 905 P.2d 692 (1995).
Although the wife's debt to a particular creditor was discharged in bankruptcy, she could be held in contempt for failing to honor her agreement to hold the husband harmless for that debt unless he had filed a claim regarding the hold-harmless provision in the bankruptcy proceeding.
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Classification of Assets (full category)

KANSAS: In re Marriage of Monslow, ___ Kan. App. 2d ___, 900 P.2d 249 (1995).
Patents are marital property, which may be distributed through a split of future potential income from the patent.
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Death of Spouse (full category)

KANSAS: Wear v. Mizell, ___ Kan. ___, 946 P.2d 1363 (1997).
The husband had no equitable claim to the proceeds of life insurance policies owned by his wife, who died during the parties' divorce proceedings shortly after changing the designated beneficiary from the husband to her parents.
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Debts (full category)

KANSAS: In re Marriage of Ray, ___ Kan. App. 2d ___, 905 P.2d 692 (1995).
Although the wife's debt to a particular creditor was discharged in bankruptcy, she could be held in contempt for failing to honor her agreement to hold the husband harmless for that debt unless he had filed a claim regarding the hold-harmless provision in the bankruptcy proceeding.
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Disability Benefits (full category)

KANSAS: In re Marriage of Pierce, ___ Kan. App. 2d ___, 982 P.2d 995 (1999).
After the divorce decree was entered, the husband converted his retirement pay to veteran's disability benefits that are not divisible as marital property under state law. The court of appeals held that the trial court could not order the husband to convert the disability benefits back to retirement pay.
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Dissipation of Assets (full category)

KANSAS: In re Marriage of Rodriguez, ___ Kan. ___, 969 P.2d 880 (1998).
The trial court has discretion to consider whether marital assets were lost as a result of the wrongful conduct of one of the spouses, even if the conduct occurs before marriage breakdown.
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Division of Property (full category)

KANSAS: In re Marriage of Buetow, ___ Kan. App. 2d ___, 3 P.3d 101 (2000).
Are Federal Employers' Liability Act benefits marital property, subject to division?
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Grandparent's Rights (full category)

KANSAS: In re Interest of T.A., No. 86,550 (Kan. Ct. App. Dec. 21, 2001).
The appellate court reversed the decision of the trial court granting the paternal grandparents visitation on a schedule other than that offered by the mother. Citing Troxel v. Granville, 530 U.S. 57 (2000), and Kansas Dep't of SRS v. Paillet, 270 Kan. 646, 16 P.3d 962 (2001).
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KANSAS: Skov v. Wicker, No. 85,916 (Kan. Oct. 19, 2001).
The application of Kan. Stat. Ann. § 60-1616(b) (Supp. 2000), with no limitations on granting grandparents visitation, violates a parent's fundamental right to custody, care, and control of his or her child under the Fourteenth Amendment to the United States Constitution.
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Marital Home (full category)

KANSAS: In re Marriage of Wade, ___ Kan. App. 2d ___, 884 P.2d 736 (1994).
The husband's life estate in the marital residence was properly valued and divided between the parties by awarding the wife one-half of its value.
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Military Benefits (full category)

KANSAS: In re Marriage of Pierce, ___ Kan. App. 2d ___, 982 P.2d 995 (1999).
After the divorce decree was entered, the husband converted his retirement pay to veteran's disability benefits that are not divisible as marital property under state law. The court of appeals held that the trial court could not order the husband to convert the disability benefits back to retirement pay.
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Pensions (full category)

KANSAS: In re Marriage of Brane, ___ Kan. App. 2d ___, 908 P.2d 625 (1995).
The antiassignment statute of the Social Security Act does not prohibit the trial court from considering Social Security income when dividing the marital estate in a divorce action.
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Postdecree Proceedings (full category)

KANSAS: In re Marriage of Pierce, ___ Kan. App. 2d ___, 982 P.2d 995 (1999).
After the divorce decree was entered, the husband converted his retirement pay to veteran's disability benefits that are not divisible as marital property under state law. The court of appeals held that the trial court could not order the husband to convert the disability benefits back to retirement pay.
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Social Security Benefits (full category)

KANSAS: In re Marriage of Brane, ___ Kan. App. 2d ___, 908 P.2d 625 (1995).
The antiassignment statute of the Social Security Act does not prohibit the trial court from considering Social Security income when dividing the marital estate in a divorce action.
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