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Questions Answered by Kristen Thurmond
1 Answer | Asked in Child Support, Divorce and Family Law for Missouri on
Q: If child support amount is set in divorce decree can it be changed over the years???

Also, if you live in a different state then the child which states laws do you follow??? If you have it in your divorce decree to inform the other parent of moving to a different state with the child and fail to do that what legal action may the NCP take???

Kristen Thurmond
Kristen Thurmond answered on Feb 20, 2020

Child support can be changed any time there is a change in circumstances that effects overnights, health insurance, income of the parties, and other factors resulting in at least a 20% change or a change in who pays.

Relocation is a separate issue, though someone relocating can effect the...
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1 Answer | Asked in Divorce for Missouri on
Q: Can a motion to compel a judge to sign a divorce decree be filed? See below additional info.

I would like to know if the plaintiff/petitioner in an uncontested divorce with no children and no property division between both parties can file a motion to compel the court to render a judgment and sign a divorce decree when that judge has far surpassed the thirty(30) days from the time of... Read more »

Kristen Thurmond
Kristen Thurmond answered on Feb 20, 2020

Based on your city being Grandview, MO, I am going to assume you are in Jackson County, MO. They have a specific docket for uncontested cases and you need to send in a proposed judgment. If you have an attorney, they will have done this. If you do not have an attorney, you need to do it. There are... Read more »

1 Answer | Asked in Estate Planning, Family Law and Civil Litigation for Missouri on
Q: Is it legal to take a person to court without notifying them

My father past away and my sister got control of his estate and now they have taken me to court and I wasn't notified about it is that legal

Kristen Thurmond
Kristen Thurmond answered on Feb 17, 2020

You will need to contact an attorney who handles contested probate cases. Failure to properly serve or give due notice to a required party has serious consequences. However, you will need an attorney to help you assess if that's what happened in this instance.

1 Answer | Asked in Family Law for Missouri on
Q: What forms do i need to file a motion to inforce the original visitation agreement in a Missouri court? Of a minor

In 2018 i, consented to a Stipulation consent to guardianship in the Missouri courts of Morgan County. Since that time the guardian has consistently denied &/or interfered in the court ordered visitations. I would like to file the necessary documents to the same courts ordering the guardian to... Read more »

Kristen Thurmond
Kristen Thurmond answered on Feb 17, 2020

If you were given a parenting time according to a parenting plan in the child's guardianship, then you can enforce that by filing a Family Access Motion. You can get assistance from counsel or go to the courthouse and ask the clerk to help you with the forms. By law, the clerk can somewhat assist... Read more »

2 Answers | Asked in Child Custody, Divorce and Family Law for Idaho on
Q: My ex-husband who I share 50/50 custody is seeking to put our daughter into a school under his girlfriends address.

Recently I reached out to my ex to discuss having to enroll our daughter into school. I reached out asking for his opinion in which I got no response through email. As he has blocked me on his cellphone (divorce violation). In addition, after reaching out multiple times he stated he was enrolling... Read more »

Kristen Thurmond
Kristen Thurmond answered on Feb 17, 2020

This is going to be something you'll need to discuss with an attorney about all the pros and cons of trying to enforce the settlement agreement. While on its face there seems to be grounds for changes due to violating the court's orders, there are always consequences to filing and what the court... Read more »

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1 Answer | Asked in Family Law and Child Custody for Missouri on
Q: My son is in college. Wanted to know how to make a "formal request" for his transcripts/grades.

We need to know what is considered a "formal request" of our son for his college transcripts so we can verify the hours he is taking and the grades he is making meet the guidelines for us to continue to pay child support.

Kristen Thurmond
Kristen Thurmond answered on Feb 13, 2020

There are two things to bring up when responding to this. The first is the literal answer. There is no formal method. You make a paper trail of asking. If you normally correspond by email, then request by email. You can send a certified letter asking for the transcript and grades to the child who... Read more »

1 Answer | Asked in Child Custody and Child Support for Missouri on
Q: In a Motion to Modify, does the original Petitioner/Respondent remain the same as the original divorce?

I recently filed a Motion to Modify for my previous divorce. I am representing myself and the response I received from my wife's attorney states her as the Petitioner and me and the Respondent. This is a little confusing for me as I am the one who filed the motion to Modify. However, she was the... Read more »

Kristen Thurmond
Kristen Thurmond answered on Feb 4, 2020

Yes, you remain labeled as the Respondent. You are modifying the original judgment where you were the Respondent so it stays the same. However, since you filed the motion to modify, you get to present evidence first. If she has an attorney, you may want to seek legal counsel for full or limited... Read more »

1 Answer | Asked in Child Support for Missouri on
Q: Am I still obligated to pay child support under Missouri Law?

My daughter dropped out of school when she was 16. She just turned 18 and received her GED in Dec 2019. She has not enrolled in higher education and plans to take a year off, seek employment, and think about it. As she is 18 and not enrolled in higher education am I obligated to continue to pay... Read more »

Kristen Thurmond
Kristen Thurmond answered on Dec 23, 2019

You will want to look into your options to terminate child support in Missouri if Missouri has issued the support order through an administrative proceeding or judgment containing a support order. Try looking for the self representation forms regarding termination of child support on the... Read more »

1 Answer | Asked in Family Law and Child Support for Missouri on
Q: I'm still paying child support on a child that has turned 21, is there any way to get the money paid back?

My son dropped out of college December of 2018, at that time he was 20 years old and a full time student. The divorce decree say I will pay while he is enrolled as a full time student (4 year degree) and child support for him will end if he is not. Family court is still taking money out of my... Read more »

Kristen Thurmond
Kristen Thurmond answered on Oct 17, 2019

Talk to a local lawyer about what to file to get the money back. The sooner you file the easier it will be. The family support division has no idea about your child not attending full time so you have to get the order changed. The division only has an order that states you have to pay. It does not... Read more »

1 Answer | Asked in Adoption and Family Law for Missouri on
Q: Stepparent adoption?

The biological mom of my 2 daughters lost them to state in 2015 never did anything to get them back my husband and I got the kids and at that time he recieved full custody also, with the bio mom receiving 1 hour supervised visits a week and 2 phone calls. Well she has always been a heavy addict... Read more »

Kristen Thurmond
Kristen Thurmond answered on Aug 12, 2019

This is something you'll need to consult with a local attorney about to see if judges in your area will modify the judgment. It sounds like you've already gotten everything you can from the court short. You would have to show some sort of detriment to the kids to get no contact between a parent and... Read more »

1 Answer | Asked in Family Law for Missouri on
Q: If a mother loses custody and a guardian is court appointed, can a blood relative ask the court for guardianship?
Kristen Thurmond
Kristen Thurmond answered on Aug 12, 2019

Yes. Family is preferred by law. If the child is the custody of Children's Division or a similar agency, they usually contact relatives first for appropriate placement. If it looks like mother cannot reunify or the father cannot step up, then guardianship or adoption by a relative is preferred.

2 Answers | Asked in Bankruptcy, Divorce and Family Law for Missouri on
Q: can you file bankruptcy on debt you agree to be responsible for in a divorce settlement?

My soon to be ex-spouse filed bankruptcy during our divorce, and I need to know if it would be better to wait until court for the judge to decide on who is responsible for what debts

Kristen Thurmond
Kristen Thurmond answered on Aug 12, 2019

If there is a divorce petition filed, then a judge cannot divide assets and debts while there is a pending bankruptcy. You need to immediately notify the court handling the divorce and bankruptcy of the other proceedings happening. You also need to be consulting with an attorney on how to handle... Read more »

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1 Answer | Asked in Divorce for Missouri on
Q: If I get a divorce and my spouse and I own a business together, what happens? Even if I am only 30% owner and he was

sole owner prior to marriage? It is my only income and has been for many years? What do I do? Would it be fair to request alimony in MO?

Kristen Thurmond
Kristen Thurmond answered on Jan 9, 2019

When spouses own a business, one of two things happens once a business evaluation is done: one spouse buys out the other spouse or the business is dissolved and each spouse paid their portion. Maintenance (formerly known as alimony) may be an option but depends on the assets of the parties and... Read more »

2 Answers | Asked in Divorce, Family Law, Child Custody and Child Support for Missouri on
Q: My ex has sole custody of our kids. I'm paying CS but found out the kids don't live w/ him now? Options?

I have a set of twins that will be 18 in June. My ex has had custody since they were 6. I've been paying CS but recently found our that one of them is living w/ his ex-wife and he is paying her $100 month in CS for our daughter. The other is living w/ her boyfriends mom (BF is at school) and is... Read more »

Kristen Thurmond
Kristen Thurmond answered on Jan 8, 2019

If you're struggling to hire an attorney try to find an attorney that may be able to help you on a limited scope basis, such as preparing paperwork to file. With the children turning 18 in June, the options are different than children about to turn 8. At the very least talk with an attorney who... Read more »

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1 Answer | Asked in Adoption and Family Law for Missouri on
Q: Can my fiance adopt my five year old daughter?

Father has been proven by DNA testing but is not on birth certificate. He hasn't been in her life at all. There is no parenting plan or custody agreement between me and her father.

Kristen Thurmond
Kristen Thurmond answered on Jan 2, 2019

Talk to an attorney about step-parent adoptions. There are lots of procedural hurdles and hoops, so having an attorney is going to be the easiest way to accomplish an adoption.

1 Answer | Asked in Family Law, Child Custody and Child Support for Missouri on
Q: Father willingly wanting to terminate rights?

The father of my child is wanting to terminate his rights and I’m not entirely sure how this would happen. He abused me, he sells drugs and is very unstable. He doesn’t even have a place to live. Im just wondering, how would we, he and I, go about doing it?

Kristen Thurmond
Kristen Thurmond answered on Jan 2, 2019

Contact an attorney to help you or look at the self representation forms on the Missouri courts website. A father cannot terminate his rights unless another individual is going to step in to take his place. He can agree to no custody and you can agree to no child support. However, it is in your... Read more »

1 Answer | Asked in Child Custody and Child Support for Missouri on
Q: Ex-wife, primary care parent, asked me to keep son "for a few months" while she goes to rehab. Grounds for full custody?

I live in Missouri. I'm active duty Air Force. Divorced June 30, 2017. She lives in Murfreesboro. Sporadic employment and now admits to multiple recreational drug use. I want to flip our custody agreement which is $523/mo and 63 days per year. I want him to live with me and not pay child support at... Read more »

Kristen Thurmond
Kristen Thurmond answered on Jan 2, 2019

You need to get an attorney immediately. The sooner you file, the sooner your child support obligations will stop or be retroactively stopped and the sooner you can get a new custody arrangement ordered by the court. Drug use is a very serious problem that judges will consider greatly when... Read more »

1 Answer | Asked in Child Custody for Missouri on
Q: Can someone file for Guardianship in a different county than where the original custody order was ordered in MO?

My child's father was granted full custody 10 years ago. He has since given her to a third party to raise. I filed a motion to modify for custody and the third party turned around and filed a guardianship case in a totally different county. So there is a pending motion to modify in the original... Read more »

Kristen Thurmond
Kristen Thurmond answered on Jan 2, 2019

Yes, someone can file a new case in the county where all the individuals, including the children, reside. It does not necessarily mean they will prevail, though. The issue of can the county take up a guardianship case when there's a pending motion to modify is an issue for the court to determine.... Read more »

1 Answer | Asked in Animal / Dog Law for Missouri on
Q: There is a dog in an abandoned house. Can I bring it food and water until animal control gets a warrant?
Kristen Thurmond
Kristen Thurmond answered on Dec 17, 2018

While this answer is a bit late, I still wanted to respond so if anyone else has a similar question they can find an answer.

Your best bet is to call an animal welfare group or animal control before entering property that is not yours, even if you believe it to be abandoned. You could be...
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2 Answers | Asked in Child Custody for Missouri on
Q: My sons mother and teacher are withholding educational information from me regarding my son, i have full rights to.

Among dozens of other noncompliant issues my sons mother does against our court ordered parenting plan. She has texted that the teacher and herself are withholding important educational information about my son. The parenting plan states I get all information that she does. What can we do about... Read more »

Kristen Thurmond
Kristen Thurmond answered on Dec 17, 2018

One solution to the school issue is to call the school and ask about how to receive information directly from them as a parent who lives out of town. Most schools have online portals to view grades, correspondence, attendance, etc. At the very least, make sure you're receiving letters, notices,... Read more »

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