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Mark Alan Rohrbaugh
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Mark Rohrbaugh’s Answers

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  • How to divorce a non US citizen if I was married overseas?

    I am a US citizen and live in Kansas. I married a Jamaican citizen in Jamaica and recently found out that there was infidelity on his part. We do not have children, we do not share a bank account or any other assets. I do not want any of his posse...

    Mark’s Answer

    As long as you have been living in Kansas for 60 days you can file for divorce here, regardless of where his is. The fact that he has cheated is irrelevant, Kansas does not require grounds for divorce. If he is not in Kansas, you can still get divorced, but can't get any orders that make him pay you anything or divide property not in the state. (This is called an "in rem" divorce because the court only had jurisdiction over the divorce - the "rem" - and not the person - your husband.) In your case, it looks like that you don't want anything from him and this could be a good option. It is a problem if, for example, you need child custody or support, or there are retirement accounts i his name that need divided. If you just want to keep what you have and be divorced, you will be fine.

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  • Can I get child support past the age of 18 if my son is going to college and I cannot afford it and he can?

    I only get a small disability pension and my son's father has no living expenses and makes good money. He has lived with his parents for the past 6 yrs or his job pays his travel expenses (hotel, food allowance, reimbursement for mileage, etc..) I...

    Mark’s Answer

    If your case in in Kansas, there is NO support past age 18 without agreement of the parents. That is different than Missouri law. Once the boy turned 18, he was no longer a child and support absolutely stopped and a judge has no power to extend it, regardless of how poor you are or how rich he is.

    IF your case is in Missouri, then yes support can continue under proper circumstances. You have to prove the child is enrolled, attending and passing.

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  • Does Ruling in DCF case CINC over rule civil court

    Does ruling at close of dcf case giving one parent custody but not the other. Superceed the civil court. Will the cases be combined if go back to civil court formodification. same Judge in same county for both cases?

    Mark’s Answer

    I have to make some assumptions here because the original question lacked detail. If one parent had residential custody in one court, but then a CINC was started, then the CINC controls while it is open. When the CINC closes, the original court orders control, unless they have changed. Often the case is in the same court, but not always. Even if they are in different courts, there is coordination between the original court and the CINC court to make sure that the child is cared for even when the CINC closes. Example: Dad had residential custody of a child. Then dad gets arrested for beating the child and the child is put in state custody and a CINC case is started. Mom lives 1000 miles away so DCF could not give her the child right away. The CINC would work through its process and place the child with mom after foster care, but that would conflict with the divorce decree that gave the child to dad. Before the CINC would close, they would file a motion to change custody in the divorce court to make sure that court's order gave the child to mom too. CINC is temporary to deal with emergencies, domestic court is permeant.

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  • I need advice about postdivorce and starting an LLC while I am the one paying child support to generate extra income.

    I got divorced a couple years ago and did not get custody of my children because I did not have my own place. That was a literally the only reason I did not get custody. I did not have my own place because my ex husband was taking 70% of my inc...

    Mark’s Answer

    An LLC is just a legal shell to run a business through. It has little to nothing to do with getting residential custody of your children. Who has residential custody of the kids is based on "the best interests of the child" standard. Who can provide a stable, safe home? Who can support themselves and the kids? Who has a good record of providing comfort, care and guidance to the kids? Most times both parents are good people. In fact, it is presumed that mom and dad both are good parents, so if dad had a better housing situation, I can understand him having residential custody.

    If you want the kids living with you, you have to show the court that you can support yourself and provide an adequate home for the kids too. Not only that, but that there is a problem in dad's home that makes it necessary to change where the kids live. If both mom and dad can provide a good place for the kids to live, and the kids already live with dad, why force them to move to mom's? That is the trick. What is the reason to change the status que?

    I don't understand "ex husband was taking 70% of my income" statement. I also don't understand if you are working for him or not. If you are, maybe a change of employment would be a good idea. If you don't trust him, why work for him?

    Hope that helps.

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  • Would it be worth taking her to court?

    Husbands ex wife refuses to give written address when she has moved. States in the divorce decree she has to provide this to her ex-husband. She never has and she has moved 7 times in 5 years. This time it is different because she is dating ex-...

    Mark’s Answer

    Moving without giving 30 days advance written notice by certified mail can be cause to change residential custody. An unstable living environment can be cause to change residential custody. Not encouraging a good relationship with the other parent can be grounds to change residential custody. All those added together start to look like a possible winning case.

    Changes in custody are not easy, so a good family law lawyer would be necessary. These cases are complex and there are many factors to consider, but yes, this case may be worth taking to court.

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  • How is health insurance added to child support? Do they just guess a portion, or is it the whole family plan amount?

    In determining child support, is the health insurance taken into account for by using the whole family plan premium, or do they just use a portion of it? I have a family health plan, and if my child is removed I cannot regress to an individual pla...

    Mark’s Answer

    Mr. Weber is correct in his answer. Child support is complicated in the health insurance area. Most employer plans will have a chart that shows Employee alone, Employee +1, Employee +Family or similar categories. The trick is to figure out what portion of the entire health care deduction from your pay check is attributed to the children on the child support worksheet. It won't be the entire amount. Usually, look at Employee alone, then subtract that from Employee + Family. That will tell you what the cost for everyone but the Employee is. However, that is not the end of the matter. You need to know what portion of that is attributable to the kids on this work sheet. This is done by calculating the per/person cost. If your spouse is included in there plus 3 children, divided the number by 4. That gives you a cost per person. Now put that number X 3 in the worksheet (assuming all 3 kids are of this marriage and on this worksheet).

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  • When can I get remarried after my divorce is final in Kansas ?

    Been seperated from husband three years, finally able to afford divorce. Plan to remarry as soon as possible .

    Mark’s Answer

    You can get remarried the day your Decree is filed with the Clerk of the Court. However, I don't recommend you do so. The reason is because if your ex files an appeal and wins, your new marriage would become void as our old marriage would still be intact. The Decree usually says that you need to wait 30 days. After 30 days pass, and nobody has filed for an appeal, you are absolutely safe to remarry as the appeal time has lapsed.

    You cannot get married just because you filed for divorce. The final Decree of Divorce is the court order that ends your marriage. Until that Decree is filed, you are still married and cannot remarry.

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  • Is it better for the individual to file for divorce or wait for the other party to file.

    main concerns: child custody

    Mark’s Answer

    In Kansas there can be a real advantage in the beginning because of the ex parte (without a hearing) temporary orders. The law allows for orders of possession of the marital home, child support, alimony, payment of bills, freezing of accounts among other things. This is all available to the first person to get to the courthouse and file the divorce and without a hearing. The other side can ask for a hearing, but that could take weeks and they are only modifying what you already have.

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  • My ex-wife has moved out of the school district in which my son attends high school. Can I file motion to modify parenting plan?

    My address is used for the purposes of school for my son. She has not lived in the school district for the past four years. Our three other children attended the same high school and she used her address to move our fourth child to a middle school...

    Mark’s Answer

    You can always file a motion to modify custody and/or parenting time. The test is what is in the best interests of the child. I am not sure what your existing legal custody is, but it sounds like it is joint custody, with the child primarily residing with his mother. I also have no information on the existing parenting plan (if any).

    Parents are supposed to work together for the benefit of the kids. If she has moved out of the area, that is a change of circumstances that would warrant a motion to modify. If she moved out of state, that alone is grounds for modification. If you live in the old district, and it would be best for the child to stay in that school, and there are other supporting reasons to change custody, you could be successful.

    Just changing the parenting plan is much easier. The process would start with the filing of a motion, followed by mediation, and then a court hearing if that fails. Wed., Thurs., and weekends is not very difficult to get. It is fairly standard. Who knows what will happen your case, but generically speaking, you have a good chance at success.

    Good Luck! Let me know if I can help.
    Mark A. Rohrbaugh
    Attorney at Law

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  • Divorce, filing, with children

    I'm getting mixed information and I am just trying to clear things up. I want to file for divorce. My husband and I have been separated since 2007 when I had an injunction granted. We have two dependent children. I used to live in Florida with him...

    Mark’s Answer

    Picking the best place to file can be tricky. If you have residency in a state, you can get divorced there even if the other party has never been there. However, that sort of divorce is limited to dissolving the marriage only. You may be better off filing where he resides. That court would have jurisdiction over him for everything. There is a problem, however, if he now lives in a different state than where child support was originally established. It is possible that you get divorced in one state, but have to go back to the original state the issued support orders to deal with child support and/or custody.

    It is no surprise to me that you have been getting different answers. It is a difficult question with no clear-cut answer. The only way you will ever know exactly what to do is to sit down with an experienced family lawyer and sort it all out.

    I know that is not a perfect answer, but it is the truth. This sort of thing is just too complicated to get answered online.

    Good luck.

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