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Rian F. Ankerholz
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Rian Ankerholz’s Answers

17 total


  • I have been married for 24+ years have been a stay at home Mother of 3 now adult children. I have not had a full time job f

    Have not worked out side the house. I'm legally disabled but can't get disability because of his income level. Debt is about $8,000 credit card car loans and house . $1.4 million in retirement house appraisal of $240,000 owe $100,000 hidden $250,...

    Rian’s Answer

    Because you have been financially dependent on your husband, and it appears he has the financial ability to provide support, it is likely that you would receive a substantial award of alimony, now referred to as spousal maintenance. The facts of each case are different, but if you live in Olathe, Kansas, the Johnson County District Court has some Guidelines regarding spousal support that we can explain to you. You should consult an experience family law attorney as soon as possible. We are here to help.

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  • Divorce proceedings for 20 years of separation and 2 adult children no property involved

    For 20 years of separation and 2 adult children no property involved

    Rian’s Answer

    I assume you are asking, "Does it make a difference in a divorce if the parties were separated for 20 years?" The answer to that question is yes, it can make a big difference. It will make the most difference in the area of spousal maintenance. Your lawyer will want to know if support was furnished from one party to the other during the separation. A long separation will normally benefit the party who would be paying spousal support. Consult an experienced family law attorney in your area. We are here to help.

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  • Will filing for divorce stop my wifes harassment of me and my new girlfriend

    My wife separated from me 9 mos ago, I want a divorce and cant get her to leave me or my new girlfriend alone, I want to file as soon as monday, and I wanted to know if filing will get her to stop or make her stop harassing us, please help if you ...

    Rian’s Answer

    At the time the Petition for Divorce is filed, you may request Temporary Orders which can include mutual Restraining Orders. Those will expire at the end of the divorce case. Other types of Restraining Orders may be available through Protection From Abuse and Protection for Stalking statutes. The availability of such Orders depends on the specific facts of your situation. Consult an experienced family law attorney in your area. We are here to help.

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  • My spouse is at fault and is a resident of KS. He filed no-fault divorce but asks spousal support.

    I had filed for at fault divorce in my state which he got dismissed saying no jurisdiction due to bad service on friend and then filed no fault but is asking for spousal support. I have evidence to show his abuse, desertion and adultry. How do I r...

    Rian’s Answer

    Kansas is primarily a "no-fault" divorce state. The “fault” grounds for divorce in Kansas only include the following:
    1) failure to perform a material marital duty or obligation, and 2) incompatibility by reason of mental illness or mental incapacity of one or both spouses. The ground of incompatibility by reason of mental illness or mental incapacity can only be pursued if the spouse has been in an institution for a two-year period, and there has been a judgment by a court that the spouse does suffer from mental illness.
    The "no-fault" ground for divorce is incompatibility.
    In Kansas, fault does not normally come into play when courts make property division or spousal maintenance decisions, but if a parent's misconduct affects the best interests of the children, it will be considered in child custody decisions. Instead, spousal maintenance is determined by the spouses' respective financial needs and ability to pay. Financial dependency on a historical basis will also be considered. An award of spousal maintenance is never guaranteed, and it is primarily determined by inequality in the income and earning capacity of the parties. The duration of any spousal maintenance award will normally be determined according to the length of the marriage and the earning potential of the parties going forward.

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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

    Rian’s Answer

    In Kansas, the filing party has a unique opportunity to have Temporary Orders signed by the judge before any hearing is conducted. That can be an advantage, as the filing party may be able to obtain initial Orders concerning various issues, including , but not limited to child custody, child support, spousal maintenance and possession of the residence. Some restrictions apply. So, it can be an advantage for one party to file first. If the other party feels that the Temporary Orders are unfair, a modification hearing may be requested, and it will be scheduled on an expedited basis. Temporary Orders are not mandatory, and many divorce cases are filed without a request for Temporary Orders. The topics for which Temporary Orders are requested often signal whether a divorce is likely to be amicable or hotly contested.

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  • 3 years of marriage wife wants divorce and $100,000 cash she put into a remodel. I have no cash but an IRA.

    I'm unemployed, recovering from shoulder surgery and about to have a back surgery. I offered her $50,000 QDRO but she wants all of the 100K House appraised for $280 I owe $160 I want to be fair but not totally responsible .

    Rian’s Answer

    You are asking the right questions, in that the use of a QDRO may be the best option to accomplish an equalized split of the property. However, your question does not specify whether you have a substantial premarital interest in the assets, for both the account and the house. That may affect the property division significantly. Your physical condition will likely affect a spousal maintenance determination more than the division of property. Your marriage is of rather short duration, so a long-term award of maintenance is unlikely. Consult an experienced divorce lawyer. We are here to help.

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  • It is 7 weeks after my TRIAL......What are my options when other spouse attorney is NOT responding to divorce decree document?

    My divorce went thru TRIAL on March06--2014. Other spouse attorney took a responsibility to prepare the divorce decree. He have it to me for review after two weeks. I made the changes that were NOT compliant to court order and send thi docum...

    Rian’s Answer

    In Kansas, the Supreme Court has established a formal Rule to control this situation. Supreme Court Rule 170 provides that when counsel has been directed to prepare the journal entry in a case, counsel shall, unless another time is specified by the judge, serve copies on opposing counsel or a pro se litigant within 14 days. Counsel is required to file a copy of the journal entry with the court as well as a notice setting forth the date it was served. Opposing counsel or the pro se litigant then has 14 days to respond with any objections he or she may have to the proposed journal entry. At the conclusion of the time limits, the authoring counsel is required to submit the original and any objections to the judge for determination of the correct journal entry language. If you cannot get a response from the other side, you should file your own proposed version of the journal entry, and notify the court that you have done so.

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  • Difference between 50/50 Custody and Sharing Custody

    I want to understand the difference between 50/50 Custody and Sharing Custody, in terms of (1) physical custody, (2) change in support money (3) pros/cons of both (4) any other useful information.

    Rian’s Answer

    Many people use the phrases "50/50 custody" and "shared custody" interchangeably. 50/50 custody is normally thought of as describing the time that each parent will spend with the child or children. Shared custody is often used in the context of describing how child-related expenses will be handled. In fact, the current Kansas Supreme Court Administrative Order which sets forth the state Child Support Guidelines requires a shared expense plan to be in writing and to be approved by the court if expense sharing is to be used in a shared custody situation. Normally, the amount of money that changes hands between parents in a shared custody situation will be less than in a traditional (primary custody) situation. Custody arrangements should always be developed with the best interests of the children in mind. After proper parenting time is determined, then expense sharing and payment can be resolved. Shared expense plans require considerable cooperation between parents, so parents who do not get along well are better advised to stick with a traditional child support payment plan. Just because parents have a 50/50 custody situation does not mean there will be no child support. All of the factors that go into the child support calculation must be considered, including whether the parents have equal incomes. Consult an experienced family law attorney in your area for actual legal advice.

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  • How long does allimony/perminate maintenance last in kansas?

    I've been married since May 2008. My husband told me that allimony/perminate maintenance will last 20 months. I'm a stay at home with a disabled child that requires to go to a lot of appts and a 2 yr old. I currently need to go back to school to g...

    Rian’s Answer

    Kansas law states that awards of alimony (now called spousal maintenance) will be determined by a spouse's financial need, and the other spouse's ability to pay. So, a stay at home mom/spouse who has substantial need will generally be more likely to receive an award of maintenance than a self-supporting spouse. Maintenance can be granted to a husband or to a wife, depending on the circumstances. Some jurisdictions have published Guidelines to help lawyers and litigants predict whether maintenance will be payable, and for how long. Those Guidelines are not binding on the judge. Normally, the longer a spouse has been financially dependent on the other spouse, the longer the maintenance award will last. Multiple contingencies for early termination of maintenance, such as cohabitation or remarriage, may apply. Many factors, including voluntary underemployment, may also be considered by the judge. You should consult an experienced family law attorney in your area.

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  • Mediation and settlement

    At the end of mediation, the lawyer showed me an amount that he had figured to be the net that I would receive. His assistant also reviewed this net figure and said it was correct. At settlement, I received 10,000 less than what I was told. All...

    Rian’s Answer

    We are so sorry for your loss. It is unclear whether your own lawyer or the mediator gave you the settlement numbers. Under certain circumstances, the paperwork can be modified to correct a mistake or fraud. If the mediator gave you the number, you should discuss a correction with your lawyer. If your lawyer gave the numbers, and you do not feel comfortable going back to that lawyer, then you may want to have the matter reviewed by another attorney.

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