Mark Alan Rohrbaugh’s Answers

Mark Alan Rohrbaugh

Overland Park Divorce / Separation Lawyer.

Contributor Level 6
  1. Is it better for the individual to file for divorce or wait for the other party to file.

    Answered about 1 month ago.

    1. Rian F. Ankerholz
    2. Mark Alan Rohrbaugh
    3. Kevin H. Pate
    3 lawyer answers

    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.

    1 lawyer agreed with this answer

  2. Divorce, filing, with children

    Answered almost 4 years ago.

    1. Janice Newman Teetsell
    2. Mark Alan Rohrbaugh
    3. Rosalyn Cary Charles
    3 lawyer answers

    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...

    2 people marked this answer as helpful

  3. 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?

    Answered about 3 years ago.

    1. Ronald Charles Rundberg
    2. Mark Alan Rohrbaugh
    2 lawyer answers

    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...

  4. My husband & I have been separated since 2006. Can I get child support for our son?

    Answered almost 4 years ago.

    1. Susan Smith Frederick
    2. Mark Alan Rohrbaugh
    2 lawyer answers

    Of course you can get child support. In order for a court to have the authority to order yor husband to pay support, you must file some sort of legal case against him. The tricky part is finding the correct jurisdiction in which to bring the action. You live in MO, they live in KS. One or both may have child support jurisdiction, depending on many variables. But, now matter where the best place to file is, you have to file something, somewhere. Your action may be for divorce, it may be...

  5. Want visitation rights to a child that we pay child support on but lives in a different state

    Answered almost 4 years ago.

    1. Mark Alan Rohrbaugh
    1 lawyer answer

    Child support, child custody and parenting rights are all separate issues. If I understand your problem, your fiance has to pay support to a child living in Ohio, but he is not sure if that child is his and is not allowed to even see the child. It also looks like he did not participate in the case that ordered him to pay support. I say this because you say he defaulted. My best guess is that that case was a paternity action of some sort. If so, that was his opportunity to contest that...