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Kansas & reimbursement

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wayneA

Guest
Hi, I have a question. During the first 2 weeks of june (this year), I received a call from a couple of girls who asked some questions of me. The end result being, that I have a daughter living in Kansas. She is 22 years old, married with children. At some point in her life, her mother recieved state assistence. I am in the process of having my name placed on her birth certificate. There is not an issue of support. I never knew of her and there was never a judgement concerning me. However, I know that Kansas uses a statute( k.s.a.39-718b) to collect any state monies expended on the child. It appears that the statute pre-assumes that there was a prior support judgement against the father and that the father was trying to avoid payment. It also, looks like in most cases the child was still a minor when the state pursued the issue. Anyone know if the state would persue reimbursement in this case? Don't get me wrong, I'm not trying to avoid any obligation I have. I will put my name on her certificate regardless. I'm grateful that the state saw to it that my daughter was fed and clothed when her mom was having financial difficulty. But, I would like to know what to expect. I have to break the news to my wife that we may have to pay a lot of money.

 


LegalBeagle

Senior Member
For how long did she receive state benifit ? and what type of assitance was it ?

[This message has been edited by LegalBeagle (edited August 21, 2000).]
 
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wayneA

Guest
Not sure. I think it was for short periods at various points in her life. I think there may have been a period during her teenage years when she had problems with her mother and step-dad and that the state may have been involved there.
 
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wayneA

Guest
Not sure. I think it was for short periods at various points in her life. She mentioned food stamps. I think there may have been a period during her teenage years when she had problems with her mother and step-dad and that the state may have been involved there.
 

LegalBeagle

Senior Member
Well, the news is not great. SRS has the authority to file a civil action in the name of the secretary for repayment of the assistance. It does not seem to matter that you did not know of the child or that the money was paid more than 3 years ago.

The question is how much.. from a quick glance at some appeal court decisions it seems that the SRS looks to recoup the entire amount. However 39-718b states that it should get the money from both parties. Also one trial court ruling only awarded SRS the amount that the parent should have paid in Child Support for the time the child was on assistance.

Bottom line.. I can not give you a definite answer.. I read 3 cases and each gave a different answer.. At worse, except no judgement that makes you pay for more than 50% of the total. This is of course if the SRS comes after you at all..

 
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wayneA

Guest
That's what it looks like all right. I found out from my daughter that Kansas has already made her mom pay for some of it. Thanks
 

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