Father moved out of state (800+ miles);didn't notify per statute as he stated he was not relocating child's residence;we have joint legal and physical custody. Filed a motion stating substantial change in circumstance due to his relocation and he can no longer exercise EOW and 1 day/wk visits &... Read more »
As an attorney, I think there are lots of questions I would ask you before being able to really get an opinion. But before you jump into analyzing the custody factors, in a motion to modify you have to start with whether or not he can get his foot in the door - so to speak. The "8 factor test"...Read more »
If I understand, you are trying to determine when child support stops if your child continues on to college. The timing of events is really crucial to give an accurate answer, but if the scenario is that your child graduates high school or completes a GED program, turns 18 but will be going on to...Read more »
i have some of the papers started but i am not sure on how to do the rest of the papers that i need i am trying to do these on my own please if you can help me please let me know i really need the help
In order for an attorney to help you, the attorney will need to talk with you, gather some information from you and learn exactly what you are needing to accomplish. Your best bet is to pay an attorney for a couple hours of his or her time to meet with you and answer your questions....Read more »
We are amicable and want to work together to get this done. We're not sure what we owe in taxes, so we're not sure what to put down for debts on the dissolution of marriage form. Also, will she have any trouble changing her name because of this? We don't have much property (basically we each have a... Read more »
One way to go about this would be to talk to a CPA about filing for the years you missed before you divorce. You may owe or you may be due a refund, but it could be easier to figure out how that should be handled with more information. Good luck!
There are situations in which the overnight visitation credit may be rebutted or not given. For example, the overnight visitation credit will not be allowed (with certain exceptions) unless the adjusted monthly gross income of the parent receiving support exceeds a minimum set amount of income....Read more »
In Missouri, a court would determine the presumed amount of child support by entering information on a Form 14 worksheet. There is information missing from your question that would be needed in order to determine the amount of child support.
For example, in some situations the child...Read more »
Iknow that I will forfeit our home, but can I still lay claim to half of his 401k and ask for maintaince? I am 57 yrs old and disabled. My husband has been having an affair for three years and has been hiding money while liquidating my valuables for bills. Mine are all gone now. I have nothing.... Read more »
Residency is a factor in where you file your divorce, but a person doesn't forfeit marital property just by moving out of the marital home. In Missouri the court will set apart to each spouse such spouse's nonmarital property and will divide the marital property and marital debts equitably. More...Read more »
Form 14 2c:1 . I was given credit for my youngest child staying with me primarily. His mom and I are together and we have been so for 7 years. Each year I claim him on my taxes. However, during a dispute with my oldest child’s mother; it was mention that I shouldn’t have gotten that credit. How... Read more »
This is not as easy of a question to answer as it sounds. The Form 14 is one page, however there a is a 40-page document that accompanies this form titled "DIRECTIONS, COMMENTS FOR USE AND EXAMPLES FOR COMPLETION OF FORM NO. 14". There are also relevant cases in Missouri that specifically talks...Read more »
You could if there aren't any other compelling reasons for you to file immediately. The other issue to consider is that if your daughter is or will be attending college or other secondary school program full time then child support is still an issue.
Child support payments can be applied to current child support (owed this month) or back child support (arrears owed from payments past due). If you are the parent receiving child support these payments should be distributed to you regardless of whether it was applied to current support or back...Read more »
I am filling out an uncontested divorce now. The divorce has one child that belongs to the husband and one after we were separated by the man i am now with. Can i have them sign in agreement the paternity being of another father to my second child or does that have to be another separate case than... Read more »
Missouri law says husband is the presumed father, so around here the courts require you to file a separate paternity case to determine that there is not a father-child relationship between husband and child. I highly suggest you consult with an attorney.
Under Missouri law, one of the ways child support can terminate is when a child becomes self-supporting, provided that the custodial parent has relinquished the child from parental control by express or implied consent. A lawyer could review your specific facts to help you figure this out....Read more »
I am about to graduate with my bachelor's degree and have begun applying to graduate programs. My 10-year-old daughter's father says he will never let her move out of state with me, not even to pursue educational and career advancement. I think it would be a good opportunity for her to experience... Read more »
The answer is complicated and very fact driven. Missouri laws address the relocation of a child, but it discusses your obligations as the proposed moving parent in terms of giving notice to "any party with custody or visitation rights." Since your question referred to "unordered child support" I...Read more »
The child isn't mine and had it before we got married. I'm military. She is fighting for child support and neglect, even though they only lived with me for a month in texas before moving back home. I didn't adopt the child nor put my name on the birth certificate. Do I have an obligation to pay... Read more »
Only a legal father has an obligation to pay child support. Under the laws of Missouri, since the child was born prior to the marriage and you are not on the birth certificate (and I assume you have not been found to be the biological father of this child), you are not the presumed father or the...Read more »
Your rights to the real estate and any obligations you may have to pay utilities and the mortgage should have been determined in your divorce Judgment. Generally, you cannot sell property that is not in your name. However, you may have been granted rights to have a say in the sale of the real...Read more »
This issues in a divorce and legal separation can be categorized into assets, debts, maintenance (or alimony) if it applies, and child support and custody if you have minor children. There is a good way to approach resolving these issues, and there are not so good ways. Litigation can be very...Read more »
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