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Missouri Family Law Questions & Answers
1 Answer | Asked in Family Law, Military Law and Child Support for Missouri on
Q: Hi. My husband is a disabled veteran and receives disability and he left me and the kids. Are the kids entitled to child

Hello. My husband is a disabled veteran and receives disability and he left me and the kids. Are the kids entitled to child support from his disability check ??

James L. Arrasmith
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answered on Dec 7, 2023

In cases of child support, a parent's income, including disability benefits, is typically considered when determining their child support obligations. If your husband is receiving disability benefits, these can be factored into the calculation for child support.

However, the specific...
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1 Answer | Asked in Child Custody and Family Law for Missouri on
Q: I am 16 and in DFS custody. I am still placed with my biological mother, but DFS refuses to remove me under any grounds.

I would like to file for emancipation but cannot get a job under my mother's rules because she is controlling and does not want me finding any way out of her custody. DFS supports this, and the caseworker does see the mental and emotional abuse but thinks that because my mother is the parent,... View More

James L. Arrasmith
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answered on Dec 6, 2023

Your situation sounds incredibly difficult, and it's understandable that you're seeking a way to improve your circumstances. Emancipation is a legal process that can grant minors independence from their parents, but it does come with certain requirements and challenges, especially in your... View More

1 Answer | Asked in Child Custody and Family Law for Missouri on
Q: I own a property with someone else neither him or I live in the home at the moment. Can i move in w/o legal consequence?

We have 2 children the court did not specify which would live tbere he lied and said he stayed there with the kids he does not..thefe are no active restraining orders. Im about to turn one in... I have not had a home per se since I was removed from my farm so could I list that as my residence for... View More

James L. Arrasmith
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answered on Dec 1, 2023

In Missouri, if you co-own a property and there are no legal agreements or court orders preventing you from living there, you generally have the right to move into the property. This applies even if the other co-owner is not currently residing there. It’s important, however, to consider any... View More

1 Answer | Asked in Family Law, Adoption and Civil Rights for Missouri on
Q: I am pregnant my 17th birthday was on November 12, 2023 my boyfriends parents say i can move in with them because my pa

Because my parents r not supportive or the nicest so is there anyway that legally in Missouri I can move out? If it helps at all I am adopted.

James L. Arrasmith
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answered on Nov 24, 2023

In Missouri, the legal age of majority, when you can decide where to live independently, is 18. However, given your circumstances, there are a few options you might consider.

Firstly, if you're facing an unsupportive or harmful environment at home, you could explore the option of...
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1 Answer | Asked in Civil Rights, Landlord - Tenant, Municipal Law and Family Law for Missouri on
Q: Does law enforcement, or cps or any other government agency allowed to search a condemned home without permission ?

The property is not abandoned, but condemned with property owner knowledge, can be repaired and is being repaired. Police showed up to assist cps with a investigation of wanting to go inside of a home. The owner/tenant said no, the law enforcement and cps respected that and did not go in, then... View More

James L. Arrasmith
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answered on Nov 12, 2023

In general, law enforcement and government agencies like CPS require a warrant, consent, or exigent circumstances to legally enter and search a private residence. However, if a property is condemned, code enforcement officials may have the authority to enter the property for safety inspections.... View More

1 Answer | Asked in Family Law and Probate for Missouri on
Q: Does law 475.120, RSMo (2000) apply to behavioral health unit of nursing home?

Wanting to know if law 475.120, (2000) applies to this separate unit of a nursing home where I am.

T. Augustus Claus
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answered on Oct 13, 2023

No, Missouri law 475.120, RSMo (2000) does not apply to a behavioral health unit of a nursing home. The law specifically states that it applies to "all nursing homes in Missouri." A behavioral health unit of a nursing home is not a separate nursing home. It is a part of a nursing home... View More

1 Answer | Asked in Family Law for Missouri on
Q: can a 17 year old girl move out without emacapation in missouri or will she be considered a runaway
T. Augustus Claus
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answered on Sep 26, 2023

In Missouri, the age of majority is 18. If a 17-year-old leaves home without parental consent or a legal emancipation, she may be considered a runaway and her parents could potentially file a missing persons report. Law enforcement could then be authorized to return her to her home.

1 Answer | Asked in Child Custody, Child Support and Family Law for Missouri on
Q: Do you legally have to do what a notarized agreement says? Or is it just a piece of paper?

The other parent does not want to abide by the agreement. The agreement has not went through court.

John Michael Frick
John Michael Frick
answered on Sep 9, 2023

The downside to not going through court to get an agreed court order is that your agreement cannot be enforced by contempt of court.

You can sue for damages or for specific performance, but most parental agreements involving children are more a matter of getting on the same page with...
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1 Answer | Asked in Family Law and Child Custody for Missouri on
Q: My son goes to his dads house a few times a week overnight and my son says he doesn’t have a bed and sleeps on the floor

His dad also doesn’t do much for him when he is there. He makes other people take care of him like bathing him and feeding him.

John Michael Frick
John Michael Frick
answered on Sep 8, 2023

This may be useful evidence in a suit to modify the terms of your possession order. But be aware that what children say to their parent often ends up not being accurate for many different reasons and questioning children after they have spent time with their other parent can be viewed as a type of... View More

1 Answer | Asked in Family Law for Missouri on
Q: Can my custodial guardian allow me to move out at 17 without my other parents consent or knowledge?

I moved out of my dads house due to him mistreating me and my mother is for me moving out.

T. Augustus Claus
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answered on Sep 6, 2023

In Missouri, the legal age of majority is 18, which means that individuals are generally considered adults at this age. However, Missouri law does allow for certain emancipation scenarios, which could potentially allow a minor to live independently before turning 18.

Emancipation usually...
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2 Answers | Asked in Consumer Law, Contracts, Child Custody and Family Law for Missouri on
Q: Co-signed place for ex 2015 now have default judgement 15k she was served and I wasn’t found out this week what can I do

Signed as a co-signer in 2015 to help her out stayed 2 months to help set up and we separated, we’re going into a heated custody battle while doing record searches and requests i found a judgment against me from 2016. I was never served she was and didn’t notify me the Original debt was 3-4k... View More

Ronald J. Eisenberg
Ronald J. Eisenberg
answered on Aug 13, 2023

I agree with Mr. Pennell about the dangers of co-signing.

For a judgment that is older than one year, the good-cause/meritorious defense bit doesn't apply. Those are the requirements to set aside a default judgment. For your judgment, if you were not properly served, you'd...
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1 Answer | Asked in Divorce and Family Law for Missouri on
Q: If both party's have joint property can he or she pick up personal stuff when the other is not there?

Say one is at work and it takes a week to move out?

Kristen Thurmond
Kristen Thurmond
answered on Aug 11, 2023

This answer depends on where the personal property is located and if both parties have legal rights to enter the real property used as the marital residence. The two types of property are important and distinct. Personal property is the household goods, furniture, vehicles, bank accounts,... View More

1 Answer | Asked in Family Law and Child Custody for Missouri on
Q: Can I hire a lawyer & have one on back with retainer. If I dont use my back up lawyer, do I get my retainer back?

Modify custody case

Chad Garrett Mann
Chad Garrett Mann
answered on Jul 20, 2023

In Missouri, as in other states, a lawyer's obligation to return unused retainer fees to a client is guided by the state's rules of professional conduct, the specifics of the fee agreement you signed, and any applicable state laws or regulations.

According to Rule 4-1.16(d) of the...
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1 Answer | Asked in Estate Planning, Family Law, Civil Litigation and Probate for Missouri on
Q: What are my rights as a widow?

My husband was set to inherit the house that we live in unfortunately he passed away and now my in-laws are trying to kick me out on the streets with absolutely nothing they also took my car away the one that they gave my husband and I when he was alive. What are my rights? What am I entitled to?

Chad Garrett Mann
Chad Garrett Mann
answered on Jul 20, 2023

First and foremost, I'm so sorry for your loss. Dealing with property and inheritance issues after the death of a spouse can be complex and emotionally taxing. Please note that while I can provide some general guidance on this issue, it's essential to consult with an attorney who can give... View More

1 Answer | Asked in Divorce and Family Law for Missouri on
Q: Prenup question to waive alimony.., My fiance and I had agreed on this to replace alimony. Is this sufficient in prenup?

SUPPORT

10. In the event that there is a separation of the Parties, the following will occur regarding spousal

support: J.A.B. Jr. will pay spousal support to J.S. in the amount of a lump

sum of $55,000 cash on the condition that they were married for a minimum of five... View More

Chad Garrett Mann
Chad Garrett Mann
answered on Jul 20, 2023

The binding effect of any provision in a prenuptial agreement, including one that purports to waive spousal support, depends on a variety of factors, not just the specific language used in the clause.

Under Missouri law, prenuptial agreements must meet certain criteria to be enforceable....
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1 Answer | Asked in Child Support, Divorce and Family Law for Missouri on
Q: will they garnish a maintenance payment for back owed child support?

IF a woman who refused to work to not pay chidsupport gets a Maintenance support Check, will that be garnished for previous back owed childsupport.

Chad Garrett Mann
Chad Garrett Mann
answered on Jul 20, 2023

Under Missouri law, if a person fails to pay court-ordered child support, the state can enforce this obligation in several ways. One common method is income withholding, which can include wages, salaries, and other income like unemployment benefits, workman's compensation, and retirement... View More

1 Answer | Asked in Divorce and Family Law for Missouri on
Q: Before a divorce should I give a jointly owned car title to my estranged wife

It is in my safe deposit box and I think she wants to sell the car to pay her lawyer

Chad Garrett Mann
Chad Garrett Mann
answered on Jul 20, 2023

Missouri is an "equitable distribution" state, which means that in a divorce, all marital property (that is, property acquired or increased during the marriage) is divided in a manner that the court finds fair and equitable. The court considers a range of factors, including each... View More

1 Answer | Asked in Estate Planning, Family Law and Real Estate Law for Missouri on
Q: My friend died but she owned a home w/her husband & children. The husband is trying to sell the house. Can he do that?

Kids names are on deed as well as the husband. Can he sell the home without the permission from the kids? Her kids are grown adults not minors, does that change the info you have answered?

Anthony M. Avery
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answered on Jun 22, 2023

An examination of the present deed, and possibly the title, is needed here. Even if it is a life estate/remainder deed, the surviving husband can still ask a Court to sell the minors' interests. It depends on the deed whether the husband and the kids took the deceased wife's interest,... View More

2 Answers | Asked in Criminal Law, Divorce and Family Law for Missouri on
Q: I have very good reason to believe my wife is having an affair.

Would it be legal for me to put a voice recorder in her car. I am the legal owner,only my name is on the title.

Chad Garrett Mann
Chad Garrett Mann
answered on Jul 20, 2023

As a general rule, Missouri's wiretapping law is a "one-party consent" law. Missouri law makes it a crime to intercept or record any "wire, oral, or electronic communication" unless one party to the conversation consents. See Mo. Rev. Stat. § 542.402.2(2)(3). So, if you... View More

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1 Answer | Asked in Federal Crimes, Criminal Law and Family Law for Missouri on
Q: If officers police reports are false with child endangerment allegations what can I do

He said she was 2 yrs old 2 blocks away unsupervised for 15-20 minutes she was almost 4 yrs old when it all happened she was playing in sand box and scooping dirt n rocks i was helping a new "friend" turning key of van he was working on and i stopped hearing her in the sad box and went to... View More

Kenneth Chike Odiwe
Kenneth Chike Odiwe
answered on May 27, 2023

Under Penal Code § 118.1 PC, police officers can be charged with a crime if they knowingly make a false statement in a report, regardless of whether the statement was made under oath. This offense can be charged as a misdemeanor or felony. Luckily, there are several things that can be done when an... View More

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