Get free answers to your legal questions from lawyers in your area.
He walked away from their relationship recently when he married and had a baby. He now has nothing to do with her and does not help support her.
answered on Jun 8, 2020
First, you will need to establish paternity then you can request an order for child support. There are two different way in which to do this: (1) Establish legal paternity through the State of Missouri Family Support Division by applying for Child Support services, or (2) File a Paternity and Child... View More 
We have share joint custody for 15 years following our divorce, but my son is upset over unhealthy relationships and conditions in the home. He recently opened up to me and expressed a lot of frustration. He actually had a break down from not being able to handle the situation any longer. He... View More
answered on Apr 18, 2020
I understand this can be a difficult situation to navigate. Sometimes divorced parents can feel stuck between following a court order and supporting their child's wishes. This might be an excellent opportunity to use those co-parenting skills and have a conversation with your x-spouse. This... View More
Our daughter, 17, moved in with us 4 months ago. We have paid for everything bc she refuses to help. She took away her car and phone which we have had to replace. We are paying large sums in CS and in arrears. She won’t pay for anything and refuses to terminate. And has never wanted our help (as... View More
answered on Jul 19, 2019
To clarify, I am going to assume that the "we" you are referring to is the child's father and maybe his now significant other? While I prefer Mom and Dad to be able to recognize that there is an issue that needs to be resolved and be able to work out the best way to resolve it by... View More
I inherited two properties when my parents passed away. My husband is wanting a divorce, and says he is going to try to take away one of the properties. If the properties were inherited to me are they subject to division during the divorce? We were married when I inherited the property.
answered on Jun 27, 2019
Property that is inherited by one spouse - even during the marriage - is specifically excluded from what is defined as "marital property" in Missouri and is not subject to division. However, this isn't usually the end of the conversation.
It is possible to convert separate... View More
I have 3 kids all in one court order oldest be 19 this year 18 year old lives with me and 16 year old lives with her
answered on Jun 27, 2019
There are different ways to terminate child support, depending on the reason.
Child support automatically terminates when a child reaches the age of 18, unless they are in school full time or some other exception in the statute applies. If that is the case - there is nothing further you... View More
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... View More
answered on Apr 14, 2019
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... View More
They have to provide proof of going to college to continue support? Only if back support is caught up will it stop when they reach 18, correct?
answered on Feb 12, 2019
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... View 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
answered on Oct 28, 2018
Teresa,
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.... View 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... View More
answered on Sep 7, 2018
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!
My attorney told me the Judge doesn't give credit for overnight visitation. This would have lowered my support by $599.00. Is what the attorney told me true?
answered on Sep 7, 2018
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.... View More
Child support payer has 2 other children in current home with them
answered on Aug 8, 2018
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... View 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.... View More
answered on Aug 2, 2018
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... View 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... View More
answered on May 10, 2018
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... View More
answered on May 9, 2018
Unless another person is stepping up to adopt your child, the courts will not generally allow you to terminate your parental rights to evade child support.
answered on May 9, 2018
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.
When I call the number for information, it tells me that those amounts were applied to back child support. Will I receive those payments? Back child support is what is owed to me, correct?
answered on Mar 20, 2018
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... View More
He doesn't ever contact me about our son, we actually have zero contact. He is not on the birth certificate and we were unwed when my son was born.
answered on Jan 31, 2018
There isn't a cause of action called abandonment, but abandoning a child can be part of a claim form some specific relief. It seems like more information is needed.
What are you trying to accomplish? Getting child support from your son's father? Having another person adopt your... View More
Primary states involved: Arizona, Missouri
Man: Resident of Arizona
Woman: Resident of Maryland
Woman: Employed in the state of Missouri, owns house in Missouri where she lives (currently domiciled)
Couple: Domicile in Missouri
Marriage License and... View More
answered on Jan 29, 2018
I see that nobody has answered your question, but I am going to attempt to give you some information.
I am not entirely sure from the question what your mean when you say "community property", but Missouri isn't what is legally known to be a community property state so we... View 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... View More
answered on Jan 29, 2018
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.
answered on Jan 29, 2018
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.... View More
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
