144. 2018 Kansas Family Law Legislative and Case Law Update

Posted on April 21, 2020 by Ronald Nelson

144. Presenter – 2018 Kansas Family Law Legislative and Case Law Update (Johnson County Bar Association, Walton Conference)(March 7, 2018)

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Powerpoint Presentation

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2018 Kansas Family Law Legislative Update

2017 Kansas Family Law Legislative Update

2016 Kansas Family Law Case Update

2017 Kansas Family Law Case Update

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To Ease Welfare Load, Kansas List Exposes Parents Behind On Child Support

Posted on April 12, 2018 by Ronald Nelson

KCUR published a story on April 11, 2018, highlighting a new Kansas Department of Children and Families website that is publishing the names and photographs of Kansas child support obligors who owe more than $5,000 in arrears, have not filed bankruptcy, and who are not on public assistance.

The Department for Children and Families website launched a child support evaders Web page Wednesday that features pictures of 10 delinquent parents. It includes notes on what they owe, where they were last seen, and a link to report their whereabouts.

Trisha Thomas said the site is intended both as a deterrent and a way to locate parents. Once delinquent payers are found, DCF has more options to make sure they make payments. They can be charged with criminal non-support or contempt, for example. The agency can also set up income-withholding orders, which it uses to take payments directly out of the non-custodial parent’s paychecks.

Ronald W. Nelson was quoted in the story as saying he’s usually skeptical of public shaming efforts, which he said often fall disproportionately on the poor. But he supports the effort, which he said seems narrowly focused on those “who have for long periods of time refused to pay their lawfully entered and reasonably determined child support payments.”

In his full statement, Nelson said:

“I generally don’t like attempts at “shaming” to gain compliance for anything. I’m of the opinion that there’s far too much shaming in the United States about far too many things, because often public shaming attempts fall most heavily on the poor and those who have other issues that lead them to not be able to appropriately comply with societal norms. It also sometimes results in people losing jobs or not being able to get a job that they need in order to pay off the debts for which they are charged or the actions for which they are being held out to public ridicule.

“That being said, my understanding of the program is that it does not target those people I’m most concerned about. Instead, it targets child support obligors who have for long periods of time refused to pay their lawfully entered and reasonably determined child support payments — sometimes because they don’t want the money going to their <hated> ex, sometimes because they feel (rightly or wrongly) that they haven’t been allowed to see their child(ren) as much as they think they should or that the child support recipient has withheld the child from them. Often times the refusal to pay child support obligations has gone on for years and would be subject to state or federal prosecution for non-payment of child support, but those prosecutions have fallen in the last few years and the programs meant to enforce child support through those means has been ineffective.”

KCUR-FM News Story

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Legislative bill to presume equal parenting time; bad for children, bad for families

Posted on January 29, 2018 by Ronald Nelson

Divorcing parents who can’t agree on an equal time share for their children would be forced to have equal parenting time – by default – unless a court finds clear evidence that they shouldn’t – under a new bill in the Kansas Legislature.

The bill, introduced into both the Kansas House and Senate under the guise of “fairness” to parents. Proponents say the measures are better for children, citing instances in which some parents don’t get equal time when their children when they want it. They point to research showing benefits for children raised by two parents. But opponents assert that this bill, which creates a presumption of equal parenting time that can only be overcome by a showing of “clear and convincing” evidence discourages parents from reaching their own agreement and instead imposes a cookie-cutter approach on children and families that hamstrings judges from doing what is best for children.

“Two parents should be equally involved in their kids’ lives,” said the chair of the Kansas chapter of the National Parents Organization — which pushes legislation around the country to create presumptions in favor of equal parenting time.

The problem is, said Ronald W. Nelson, an Overland Park, Kansas family lawyer, the bill doesn’t “encourage equal involvement,” but instead encourages manipulative and dysfunctional parents to use the presumption of equal time to exert power over weaker parents to the detriment of children.

The bill would also discourage parents from working together to come to an agreement, Nelson says. His reasoning: A parent who wants equal time has less cause to work with the other parent towards a mutually agreeable arrangement when an artificial presumption exists that would force the family into an equal time share with the only way to overcome that presumption being an onerous evidentiary standard (clear-and-convincing evidence) that doesn’t properly consider children’s interests but subjugates the child’s interests to one parent’s wants.

“Why would a parent work with and agree with the other parent on something other than an equal or near-equal parenting schedule” if the court is likely to split parenting time equally otherwise, Nelson said.

The bill would increase the number of disputed cases going to judges and would lead to more high-conflict and expensive child custody disputes, he said.

“This is a bad bill. It is bad for children and it is bad for families. It encourages dysfunction and encourages lack of cooperation between parents,” Nelson said.

Domestic violence awareness groups and women’s groups have raised concerns about shared parenting legislation because the presumption feeds into abuse and control dynamics in intimate and family relationships.

The bill will be heard by the Kansas Senate Judiciary Committee on Tuesday, January 30, 2018 at 10:30 am.

http://www.kansas.com/news/politics-government/article196973679.html

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Legislative Intern Confidentiality Agreement “Staggeringly Broad”

Posted on January 29, 2018 by Ronald Nelson

Interns in the Kansas Statehouse are required to sign a sweeping confidentiality agreement that employment law attorneys warn could have a chilling effect on their willingness to report harassment or illegal activity.

Anything that takes place or is said in a lawmaker’s office stays there, the document says, under threat of immediate termination.

Interviewed by the Kansas City Star, Ronald W. Nelson, an Overland Park attorney, called a confidentiality agreement that all teenaged Kansas legislative interns must file, “staggeringly broad.”

“It does not say anything about sexual harassment or inappropriate behavior being excluded from its terms, which it should,”

Confidentiality almost always benefits the harasser, said Kelly McCambridge, a Kansas City area employment law attorney.

It would be easy to make clear in the contract that confidentiality does not apply to reports of discrimination, sexual harassment and retaliation for reporting discrimination or for whistleblowing, McCambridge said in an email.

Kansas’ intern confidentiality agreement does not make such allowances.

McCambridge said the document could be used as a shield to discourage student interns from reporting sexual harassment “and a sword in order to shut down or silence a student intern that has come forward with a complaint of sexual harassment.”

Nelson, the Overland Park attorney, said the students “are vulnerable, wide-eyed enthusiasts.”

State officials “are dealing with teenagers and acting as if they are addressing lawyers,” he said in an email.

Officials apparently haven’t paid enough attention to amend the confidentiality agreement to reflect changing policies, laws or mores, Nelson said.

“It’s offensive,” he said. “These people are supposed to be the leaders of the state of Kansas. They come off as anything but that.”

Read more here: http://www.kansascity.com/news/politics-government/article196934054.html#storylink=cpy

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IRS Issues Advisory on Real Estate Taxes Paid in 2017

Posted on December 29, 2017 by Ronald Nelson

IR-2017-210, Dec. 27, 2017

WASHINGTON – The Internal Revenue Service advised tax professionals and taxpayers today that pre-paying 2018 state and local real property taxes in 2017 may be tax deductible under certain circumstances.

The IRS has received a number of questions from the tax community concerning the deductibility of prepaid real property taxes. In general, whether a taxpayer is allowed a deduction for the prepayment of state or local real property taxes in 2017 depends on whether the taxpayer makes the payment in 2017 and the real property taxes are assessed prior to 2018. A prepayment of anticipated real property taxes that have not been assessed prior to 2018 are not deductible in 2017. State or local law determines whether and when a property tax is assessed, which is generally when the taxpayer becomes liable for the property tax imposed.

The following examples illustrate these points.

Example 1: Assume County A assesses property tax on July 1, 2017 for the period July 1, 2017 – June 30, 2018. On July 31, 2017, County A sends notices to residents notifying them of the assessment and billing the property tax in two installments with the first installment due Sept. 30, 2017 and the second installment due Jan. 31, 2018. Assuming taxpayer has paid the first installment in 2017, the taxpayer may choose to pay the second installment on Dec. 31, 2017, and may claim a deduction for this prepayment on the taxpayer’s 2017 return.

Example 2: County B also assesses and bills its residents for property taxes on July 1, 2017, for the period July 1, 2017 – June 30, 2018. County B intends to make the usual assessment in July 2018 for the period July 1, 2018 – June 30, 2019. However, because county residents wish to prepay their 2018-2019 property taxes in 2017, County B has revised its computer systems to accept prepayment of property taxes for the 2018-2019 property tax year. Taxpayers who prepay their 2018-2019 property taxes in 2017 will not be allowed to deduct the prepayment on their federal tax returns because the county will not assess the property tax for the 2018-2019 tax year until July 1, 2018.

The IRS reminds taxpayers that a number of provisions remain available this week that could affect 2017 tax bills. Time remains to make charitable donations. See IR-17-191 for more information. The deadline to make contributions for individual retirement accounts – which can be used by some taxpayers on 2017 tax returns – is the April 2018 tax deadline.

IRS.gov has more information on these and other provisions to help taxpayers prepare for the upcoming filing season.

https://www.irs.gov/newsroom/irs-advisory-prepaid-real-property-taxes-may-be-deductible-in-2017-if-assessed-and-paid-in-2017

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138 Support Considerations for Special Needs Families

Posted on November 2, 2017 by Ronald Nelson

138. Presenter – Financial Considerations for Special Needs Children and Families (Johnson County Bar Association-Family Law Section)(November 1, 2017)

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Powerpoint Presentation

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Financial Considerations for Special Needs Children and Families

In re Marriage of Ronen, 29 Kan.App.2d 443 (2001)

In re Marriage of Wilson, – Kan.App.2d – (#100780, Slip op. 01/29/2010)

In re Marriage of Evans, 37 Kan.App.2d 803 (2007)

An Overview of Family Court and Special Needs Children

Incidence and Prevalence of Childhood Disabilities

Overview of Kansas Medicaid Home & Community Based Services Waivers

Resource Listing for Special Needs Families (Circa 2013)

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10 Things Parents Should Avoid in Divorce

Posted on September 13, 2016 by Ronald Nelson

10 Things Parents Should Avoid In A Divorce

By LUKE X. MARTIN • 15 HOURS AGO

UTD_9-12-2016_DontsofDivorce.mp3

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According to the National Center for Health Statistics, there were more than 2.1 million marriages in 2014 and more than 800,000 divorces.

CREDIT NOKDIE / FLICKR – CC

At the beginning of most marriages, divorce is likely the last thing on the bride and groom’s minds. Unfortunately, with divorce rates hovering around 40 percent, a separation is something a lot of couples will have to navigate at one point or another.

To help make that transition as amicable as possible, licensed psychologist Wes Crenshaw and divorce lawyer Ron Nelson shared ten tips with KCUR’s Up To Datehost, Steve Kraske.

10. Don’t delay the divorce

If things are really bad between parents, it’s best to part ways while kids are still young (and more adaptable), and before relations become too acrimonious.

9. Don’t blow things out of proportion

In the heat of the moment, it’s easy to connect everything to the divorce but some problems would have happened anyway. Kids can be pretty resilient, and not everything bad is an emergency.

8. Don’t go without a schedule

To avoid potential fights over every little detail, it’s best to start out with a schedule, even if it needs some modification down the road.

7. Don’t neglect your children’s best interests

Just because an agreement about child support or parenting time is fair to the parents, does not mean it is what’s best for the kids.

6. Don’t radically restructure the parenting system

There’s plenty of adjustment going on already, so try to avoid the temptation to throw everything out the window. Unsustainable changes now won’t make up for mistakes in the past.

5. Don’t move on too quickly

Children need time to grieve a divorce and stabilize after the transition, so be sure to build-in that time for them.

4. Don’t vilify the other parent

Heaping blame on the other parent is not a good way to gain favor with the children or the courts. It is a good way to project insecurity and confuse the kids.

3. Don’t change the parent/child dynamic

It’s natural to feel rejected during a divorce, but lonely parents need to avoid treating their kids like a support system.

2. Don’t punish the other parent

Hiring a “pit bull” attorney to exact revenge sets a bad example, and encourages confrontation instead of collaboration during the divorce.

1. Don’t forget that interaction with kids and the other parent is life-long

Getting caught up in the moment is easy to do but, no matter how impassioned things are now, your relationship with your partner won’t end just because the marriage did. Think and plan for the future.

Luke X. Martin is a freelance contributor for KCUR 89.3 and an associate producer for ‘Up To Date.’ He can be reached at luke@kcur.org.

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