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Twitter Weekly Update 2013–April–07
- RT Brent Wistrom
@BrentWistrom #ksleg House approves tough new sex trafficking laws and improved victim/survivor services (HB2034) in 120-0 vote.
#KSCourts: There is “probable cause” to challenge in terrorem if reasonable substantial likihood of success http://bit.ly/ZEtHTr #102744#KSCourts: In terrorem clauses are enforced as written if beneficiary violates terms, then ct decides if ok http://bit.ly/ZEtHTr #102744#KSCourts: An in terrorem or “no contest” clause is as appropriate in a trust as in a will http://bit.ly/ZEtHTr #102744#KSCourts: A trust expires according to its own terms or when those terms are impossible http://bit.ly/ZEtHTr #102744#KSCourts: The courts’ primary duty when interpreting a trust is to decipher the settlor’s intent http://bit.ly/ZEtHTr #102744#KSCourts: It is not error to refuse to journalize as judgment a judge’s off-hand comment http://bit.ly/10zK5Ic #108314#KSCourts: A party claiming error bears the burden to show that the error exists http://bit.ly/10zK5Ic #108314#KSCourts: Allegations of judicial misconduct are subject to unlimited review on appeal http://bit.ly/10zK5Ic #108314#KSCourts: Abuse of discretion is the standard of review applied to denials of motions to set aside http://bit.ly/10zK5Ic #108314#KSCourts: Where requested transcripts did not deal with litigated matter, delay did not affect rights http://bit.ly/10zK5Ic #108314#KSCourts: Requiring the payment of fee to obtain a transcript is not an “unreasonable restriction” http://bit.ly/10zK5Ic #108314#KSCourts: There do not appear to be any statutory time restrictions on when transcripts must be prepared http://bit.ly/10zK5Ic #108314#KSCourts: Court transcripts are not “open records” if it doesn’t yet exist, but are only “requested” http://bit.ly/10zK5Ic #108314#KSCourts: Court transcripts, when filed in court records, are “open records.” http://bit.ly/10zK5Ic #108314#KSCourts: Court records are generally “open records” http://bit.ly/10zK5Ic #108314#KSCourts: A Kansas district court has continuing authority in appropriate post-divorce proceedings http://bit.ly/10zK5Ic #108314#KSCourts: Subject matter jurisdiction is the power of a court to hear and decide a particular matter http://bit.ly/10zK5Ic #108314#KSCourts: Failure to comply with appellate rules may justify striking briefs and summary affirmation http://bit.ly/10zK5Ic #108314#KSCourts: A party untrained in the law takes considerable risk attempting self-representation in an appeal http://bit.ly/10zK5Ic #108314#KSCourts: Statement of the standard of review without citation to authority is not helpful or appropriate http://bit.ly/10zK5Ic #108314#KSCourts: Argument raised in appeal fact statement not otherwise mentioned are not properly considered http://bit.ly/10zK5Ic #108314#KSCourts: Where appellant’s complaints were wholly unsupported in the record, trial court decision affirmed http://bit.ly/10zK5Ic #108314#KSCourts: Trial court made no error substantially affecting appellant’s rights to child custody or care http://bit.ly/10zK5Ic #108314- On
@Avvo: If my ex gets full custody and I pay support can he include my new husband’s income to determine the child support I owe? #familycourt http://rpx.me/1/yqmm
#KSCourts: Including laundry list of complaints against other party does not constitute appeal fact statement http://bit.ly/10zK5Ic #108314#KSCourts: Ks courts retain power only to change support obligations of minor children http://bit.ly/10zFjui #107732#KSCourts: Ks court cannot later modify parties agreement obligating them to pay more than state law requires http://bit.ly/10zFjui #107732#KSCourts: Once adopted by the court, post-majority child support obligation may not be changed by court http://bit.ly/10zFjui #107732#KSCourts: Trial court did not err in finding parental obligation for college clearly stated in agreement http://bit.ly/10zFjui #107732#KSCourts: Marital settlement agreement clearly stated parental obligations for college education http://bit.ly/10zFjui #107732#KSCourts: Interpretation of Marital settlement agreements is a question of law subject to de novo review http://bit.ly/10zFjui #107732#KSCourts: Pets are in no way so similar to children that child custody statutes apply to them http://bit.ly/10zA2D5 #107276#KSCourts: A relevant difference between pets and children is that pets are not human http://bit.ly/10zA2D5 #107276#KSCourts: Child custody statutes and rules to do apply to division of domestic animals http://bit.ly/10zA2D5 #107276#KSCourts:Appeal court affirms division of parties’ pets http://bit.ly/10zA2D5 #107276#KSCourts: Appeals court reviews equitable division only for abuse of discretion http://bit.ly/10zA2D5 #107276#KSCourts: Appeals court does not review an equitable division to decide what would be “equal” http://bit.ly/10zA2D5 #107276#KSCourts: Kansas courts may equitably divide property of cohabiting parties jointly acquired with intent http://bit.ly/10zA2D5 #107276- Updated Page: Kansas Family Law Appeals 2013 http://bit.ly/UnMG92
#KSCourts: 4 Kansas #FamilyLaw Related Appeals Decisions Issued Today (2013-Apr-05): http://bit.ly/UnMG92 #108108 #107276 #107732 #108314#KSCourts: Parental custody is fundamental interest; 1st time constitutional challenge appropriate on appeal http://bit.ly/10zpROY #108108#KSCourts: #CINC statute allowing court to enter temp custody order not unconstitutionally vague or overbroad http://bit.ly/10zpROY #108108- RT
@BryanAGarner: “To an intelligent reader nothing is more offensive than feeble or obscure thought masquerading in strong language.” —Adams Sherman Hill
#WVaCourts: WVa move-away statute does not give deference to primary custodial parent on all parenting decisions http://bit.ly/10Cg61y #SDCourts: Father’s inheritance cannot be considered as income when increasing mother’s child support obligation http://bit.ly/10CfMzI #SDCourts: Agreement to support child thru college unambiguously included both undergrad & grad school attendance http://bit.ly/14SY4gY #NVCourts: Divorce trial judge not disqualified since husband’s campaign contributions were within statutory lmts http://bit.ly/10CersG #MOCourts: Trial court erred in determining child support income at a level contrary to income shown by evidence http://on.mo.gov/16wsr9h #MOCourts: Court may only order child support retroactive to filing date of a party’s motion, not before http://on.mo.gov/16wqtpp - RT
@sassy_divorcee: 10 Steps to Survive the Initial Shock of Divorce #divorce #divorcesurvival #blog http://wp.me/p2dkAo-7b
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- Japan’s Diet begins deliberations over joining the
#Hague #Abduction Convention http://bit.ly/12kbNNp
- MT
@KansasSOS: #HB2019 pertaining to court of appeals judges; appointment; signed into law effective July 1, 2013 http://bit.ly/10v9p29
- A shocking pattern: Even as mortality fell in most U.S. counties, female mortality rose in nearly 43% of counties http://bit.ly/XrVf4e
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- Florida Legislature’s bill to end “permanent” alimony draws acrimonious debate http://hrld.us/XrvyRi
- Lawyers Join Doctors To Ease Patients’ Legal Anxieties http://n.pr/13TXShU
- 7-year-old reunited with his Mexican father in rare
#Hague #Abduction settlement where mother abducted child to U.S. http://bit.ly/14Og24b
- Breaking New Ground in
#Kansas: Same-sex parental and property rights http://bit.ly/XYfdON #ssm #cohabitation
- MT
@govsambrownback: Gov #Brownback signs six bills into law, including rape #SOL extension https://governor.ks.gov/frontpagenews/2013/04/01/governor-signs-six-more-bills-into-law … pic.twitter.com/9JH0fgkuGI
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- Updated Page: Seminars and Presentations http://bit.ly/LA3YYi
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@KansasBar announces it will release the 2013 Update to the Practitioners’ Guide to Kansas #FamilyLaw this month. http://ksbar.org
- On
@Avvo: I need to know am I common law married under the state law. #commonlawmarriage http://rpx.me/1/3Zgm
- On
@Avvo: How can I be proved that I haven’t done anything wrong? #family http://rpx.me/1/AZgm
- On
@Avvo: I have moved out of state with my child. i filed necessary notice to my… #childcustody http://rpx.me/1/cZgm
- On
@Avvo: How do I get a final parenting plan that was drawn up in Kansas enforce… #childcustody http://rpx.me/1/SYgm
- Family Law: Relationships are at the crux of
#familylaw settlements http://bit.ly/XVJRs1
- RT Brent Wistrom
@BrentWistrom: House-Senate conference committee agrees to rescue Brownback’s human trafficking bill #SB61 by putting it in #HB2034. #ksleg
- News: Twitter Weekly Update 2013–March–31 http://bit.ly/14Ktoyq
- Updated Page: Legislative–2013 Session http://bit.ly/WUe21y
- Brownback signs bill eliminating statute of limitations in Kansas rape cases http://bit.ly/Z4F4E3
#KSLegislature: Governor Brownback today signed #HB2252, eliminating statute of limitations for #rape http://bit.ly/Yrv7Vx - RT Brent Wistrom
@BrentWistrom: Brownback & Schmidt’s human trafficking bill (#SB61) died for lack of action on House calendar today. But #ksleg committee plans to revive it
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