Frequent Questions
The Attorney General represents only the State and its public officials. If you need help with personal legal problems, please contact a private attorney who is knowledgeable in that area.
For assistance in locating an attorney, contact the Kansas Bar Association.
I. Legal advice; Complaints regarding Lawyers and Judges
- Can the Attorney General give legal advice to private citizens?
- I can’t afford a lawyer. Where can I get help?
- I am upset with how my attorney is handling my case. Is there an agency that investigates attorneys?
- I’m unhappy with a judge. Is there any agency that investigates judges?
II. Marriage/Divorce/Child Support/Child Custody/Visitation
- Can the Attorney General help me with my divorce, child support, or visitation problems?
- How many years do you have to live together to be “common law” married?
- I am upset with how my attorney is handling my case. Is there an agency that investigates attorneys?
- The State has taken my children from my home because someone has accused me or another person in the household of abuse or neglect. Can you help?
- Where do I report abuse or neglect of children?
- I reported to the Kansas Department of Social and Rehabilitation Services (SRS) that children were being abused/neglected but SRS didn’t do anything. Can you do something?
- Is there a person or agency that oversees SRS?
- I’m a grandparent. Am I entitled to visitation rights to my grandchildren?
- A local government official voted on a matter in which he/she has a “conflict of interest.” Is that legal?
- Can I recall an elected local government official?
VI. Law Enforcement Officers/County and District Attorneys
- I’ve asked my county/district attorney to prosecute someone for a crime but he/she won’t do it. Can you bring charges?
- I’ve called the police/sheriff about crimes that I think are occurring but no one wants to investigate. Can you help?
VII. Questions about the Federal Government
- I have a question about a federal government program. Who can I call?
VIII. Employment Issues: Can the Attorney General Help?
- Can the Attorney General help me with a problem or question involving my employer or job?
- If I believe my employer has harassed or otherwise discriminated against me, what agencies should I contact?
- If I need help with a workers compensation or unemployment compensation matter or claim, what agencies should I contact?
- If my employer has not paid me wages that I have earned, what agency should I contact?
- If I believe that a business has breached (broken) an agreement with me, who can help me get paid or enforce the terms of an agreement?
- If I have questions about whether my employer may legally do something (change my pay rate, change my hours, stop giving breaks, move my desk, require me to do something new, not give me sick leave, etc.), where can I get answers?
- If I believe that my employer/employee has done something criminal, to whom should I report that matter?
IX. Gambling
I have questions about raffles, quarter pusher machines, slot machines, “cherry master” machines and “skill stop machines”. Who can I contact?
I. Legal advice; Complaints regarding Lawyers and Judges
1. Can the Attorney General give legal advice to private citizens?
No. The Attorney General is the attorney for the State and its agencies, not private citizens. If you need advice concerning personal legal matters, you may want to contact a private attorney.
2. I can’t afford a lawyer. Where can I get help?
Kansas Legal Services provides assistance in certain cases to persons with limited means. Also, consider the Lawyer Referral Service offered by the Kansas Bar Association.
For information about Small Claims Court, download our brochure: Filing a Lawsuit in Small Claims Court. A number of forms filed in district court, including petitions for small claims proceedings, are available from the Kansas Judicial Center.
3. I am upset with how my attorney is handling my case. Is there an agency that investigates attorneys?
The Disciplinary Administrator accepts complaints alleging violations of the ethical rules governing attorneys licensed to practice in Kansas. The Attorney General has no authority to discipline private attorneys.
4. I’m unhappy with a judge. Is there any agency that investigates judges?
Judges have to follow certain ethical rules. Complaints alleging violations of these ethical can be submitted to the Commission on Judicial Qualifications, 301 SW 10th, Topeka, Kansas 66612-1507. Information about filing a complaint can be found on the Commission on Judicial Qualifications Web site. The Attorney General has no authority to discipline judges.
If you think that the judge was wrong in deciding a case, you may want to consider appealing the judge’s decision to the Kansas appellate courts. A private attorney may be able to advise you.
II. Marriage/Divorce/Child Support/Child Custody/Visitation
1. Can the Attorney General help me with my divorce, child support, or visitation problems?
No. The Attorney General is the attorney for the State and its agencies, and, therefore we cannot offer legal advice or act on behalf of citizens in personal legal matters, including domestic relations. If you believe that the judge made a mistake in deciding your matter, you may have the right to appeal the judge’s decision. Consider speaking with an attorney who is knowledgeable about domestic relations law.
2. How many years do you have to live together to be “common law” married?
Kansas recognizes common law marriage. A common law marriage is an oral or written agreement between a man and a woman over the age of 18 who agree to be married to each other and then hold themselves out to the public as husband and wife. There is no requirement that a couple live together for a certain number of years. There is no paperwork that needs to be filed with the state.
3. How can I get the non-custodial parent to pay child support?
The Attorney General does not enforce child support orders. That responsibility rests with the Kansas Department of Social and Rehabilitation Services.
The parent who has failed to pay can be brought back into court. The judge who set the child support amount can find the parent in contempt of court for failing to pay. Many courts have court trustee offices that help the custodial parent enforce child support orders. Other times, private counsel must be retained to seek enforcement of the court's support order.
1. The State has taken my children from my home because someone has accused me or another person in the household of abuse or neglect. Can you help?
The Attorney General cannot intervene in child-in-need-of-care cases. State law allows law enforcement and authorizes the courts to order the removal of children from their homes where it appears that there may be abuse or neglect as defined in state law. Consider contacting a private attorney or Kansas Legal Services, if you cannot afford an attorney.
2. Where do I report abuse or neglect of children?
Local law enforcement or the Kansas Department of Social and Rehabilitation Services (SRS).
3. I reported to the Kansas Department of Social and Rehabilitation Services (SRS) that children were being abused/neglected but SRS didn’t do anything. Can you do something?
State law gives SRS the discretion to determine whether abuse or neglect exists. K.S.A. 38-2230. The Attorney General has no authority to require SRS or the courts to take any particular action in these matters.
4. Is there a person or agency that oversees SRS?
The Secretary of SRS is responsible for the operation of the agency and its employees and contractors. Other than the Governor who appoints the Secretary, there is no person or agency that oversees SRS. The current Secretary is Don Jordan. His telephone number is 785-296-3271.
1. I’m a grandparent. Am I entitled to visitation rights to my grandchildren?
If a judge determines that the visitation would be in the child’s best interests and there is a substantial relationship already existing between the child and the grandparent, a judge may grant visitation rights to certain grandparents. You can access the applicable statutes, K.S.A. 38-129 through 38-131 at www.kansas.gov If the parents are divorcing, see K.S.A. 60-1616.
1. A local government official voted on a matter in which he/she has a “conflict of interest.” Is that legal?
The statutes that address local government officials using their positions for personal benefit are K.S.A. 75-4304 and 75-4305. K.S.A. 75-4304 prohibits local governmental officials and employees from participating, in their governmental capacities, in making contracts with persons/businesses that either employ the official/employee or the official/employee has a “substantial interest” in the business. “Substantial interest” is defined at K.S.A. 75-4301a and, generally, means some kind of financial interest. There are exceptions to this general prohibition involving competitive bidding and where the price/rate is fixed by law.
As far as voting on a matter which will affect a business in which a local government official has a “substantial interest,” K.S.A. 75-4305 allows an official to vote provided he/she has filed with the county election officer either of the following: a disclosure of any “substantial interest” or a report of the nature of the interest.
Violations of these statutes may result in criminal prosecution and forfeiture of office.
For more information, you can review the statutes mentioned above at www.kansas.gov and access the web site of the Governmental Ethics Commission at http://www.kansas.gov/ethics/
2. Can I recall an elected local government official?
All elected public officials, except judges, can be recalled by the citizens if one of the following grounds is present: felony conviction; failure to perform duties prescribed by law; and (3) misconduct in office. “Misconduct in office” means a violation of a law that impacts the officer’s ability to perform the official duties of the office. The statutes governing recall of local elected officials are K.S.A. 25-4318 through 25-4331 which are accessible at www.kansas.gov The recall petition has to be signed by registered voters in the officer’s election district equal in number to not less than 40% of the votes cast for all candidates for the office of the local officer sought to be recalled based on the last general election for the current term of office of the officer sought to be recalled. K.S.A. 25-4325.
VI. Law Enforcement Officers/County and District Attorneys
1. I’ve asked my county/district attorney to prosecute someone for a crime but he/she won’t do it. Can you bring charges?
County and district attorneys have discretion in making decisions whether they will prosecute. Those decisions are based on a number of factors including the nature of the allegation, the parties involved, the time and resources required to prosecute and whether the evidence is sufficient to convince a judge/jury that the person is guilty beyond a reasonable doubt. As county and district attorneys are elected, the Attorney General does not oversee county and district attorneys and, therefore, cannot require a local prosecutor to file charges.
We generally do not intervene in local matters unless the county/district attorney requests our assistance. Whether we intervene depends upon many factors including the nature of the allegation and our resources.
2. I’ve called the police/sheriff about crimes that I think are occurring but no one wants to investigate. Can you help?
The Attorney General does not oversee local law enforcement and, therefore, cannot require them to investigate. Police and sheriffs have discretion in deciding whether or not they will investigate a matter. Those decisions are based on a number of factors including the nature of the allegation, the parties involved, availability of officers, and the time required to investigate.
VII. Questions about the Federal Government
1. I have a question about a federal government program. Who can I call?
The Federal Citizen Information Center may be able to answer your question. Access the web site at: http://www.pueblo.gsa.gov/
VIII. Employment Issues; Can the Attorney General help?
1. Can the Attorney General help me with a problem or question involving my employer or job?
No. The Attorney General is not authorized to provide legal advice, assistance, opinions, or representation to employees or private employers who may have a question or complaint about their employer or employment situation. See question above for suggestions about how obtain private legal assistance.
2. If I believe my employer has harassed or otherwise discriminated against me, what agencies should I contact?
The Attorney General is not authorized to investigate or take action based upon alleged discrimination. The Kansas Human Rights Commission is authorized to investigate some types of alleged discrimination and should be contacted directly. The federal Equal Employment Opportunity Commission may also be able to assist with some types of discrimination complaints. If these agencies cannot assist, but you still want legal advice, you may want to contact a private attorney. See question above for suggestions about how to obtain private legal assistance.
3. If I need help with a workers compensation or unemployment compensation matter or claim, what agencies should I contact?
The Kansas Department of Labor (KDOL) is the state agency that handles such matters for the state and citizens. The Attorney General has not been authorized to provide either private employers or employees with legal advice or assistance in such matters. If you need legal advice on such issues, you may want to contact a private attorney. See question above for suggestions about how to obtain private legal assistance.
4. If my employer has not paid me wages that I have earned, what agency should I contact?
The Kansas Department of Labor (KDOL) is the state agency that handles such matters for the state. Information about wage laws and complaint forms are available at http://www.dol.ks.gov/es/html/wage_DEE.html . The Attorney General has not been authorized to provide either employers or employees with legal advice or assistance in such matters. If you need legal advice on such issues, you may want to contact a private attorney. See question above for suggestions about how to obtain private legal assistance.
5. If I believe that a business has breached (broken) an agreement with me, who can help me get paid or enforce the terms of an agreement?
There is no state or federal agency that provides legal advice or assistance in enforcing private agreements. If you need legal advice on such issues, you may want to contact a private attorney. See question above for suggestions about how to obtain private legal assistance.
6. If I have questions about whether my employer may legally do something (change my pay rate, change my hours, stop giving breaks, move my desk, require me to do something new, not give me sick leave, etc.), where can I get answers?
The Kansas Department of Labor (KDOL) has answers to commonly asked questions on their web page. The Federal Department of Labor also provides some general information about employment laws. If these agencies cannot provide general information that answers your questions, then you may want to contact a private attorney if you need advice on whether what your employer is doing is legal. The Attorney General is not authorized to provide legal advice, opinions, or assistance to employees or private employers who have questions about an employment situation.
7. If I believe that my employer/employee has done something criminal, to whom should I report that matter?
The answer depends in part upon the nature of the alleged crime. In general, all violations of criminal law may be reported to law enforcement agencies. That often means you should first contact your local police department or county sheriff. If the matter involves a crime that is occurring in more then one county or state, you may report it to the Attorney General by putting the facts in a signed letter sent to us at 120 SW. 10th, Topeka, Kansas 66612, or contact the Kansas Bureau of Investigations (KBI) or Federal Bureau of Investigation (FBI).
IX. Gambling
I have questions about raffles, quarter pusher machines, slot machines, “cherry master” machines and “skill stop machines”. Who can I contact?
The Kansas Racing & Gaming Commission web site contains helpful information regarding illegal gambling. You can access this information at http://www.krgc.ks.gov/index.php?id=19