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Questions Answered by Jennifer L. Rench

1 Answer | Asked in Child Custody for Missouri on

Q: Father moved out of state almost 4 years ago...child, 16, now states he want to move too.

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 »

Jennifer L. Rench 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 test"... Read more »

1 Answer | Asked in Child Support for Missouri on

Q: If I am reading this right, when I child turns 18 support will stop until they go to college?

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?

Jennifer L. Rench 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... Read more »

1 Answer | Asked in Divorce for Missouri on

Q: I am needing help with getting my divorce papers started.

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

Jennifer L. Rench 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....
Read more »

1 Answer | Asked in Divorce and Tax Law for Missouri on

Q: Trying to get divorced, but neither of us has filed taxes for several years. Can we estimate debt on the forms?

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 »

Jennifer L. Rench 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!

1 Answer | Asked in Divorce, Family Law and Child Support for Missouri on

Q: In my divorce case I wasn't given credit for overnight visitation on Form 14.

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?

Jennifer L. Rench 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.... Read more »

1 Answer | Asked in Child Support for Missouri on

Q: If 2 people have joint custody and 1 parent (pays support)gets higher paid job do they have to pay more in child support

Child support payer has 2 other children in current home with them

Jennifer L. Rench 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...
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1 Answer | Asked in Divorce for Missouri on

Q: I am a Missouri resident needing a divorce but need to move right away to Oklahoma.

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 »

Jennifer L. Rench 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 equitably. More... Read more »

1 Answer | Asked in Divorce and Family Law for Missouri on

Q: What does it mean for a child to primarily reside in each parents custody?

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 »

Jennifer L. Rench 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 talks... Read more »

1 Answer | Asked in Child Custody and Child Support for Missouri on

Q: will I have to pay child support if my ex and I both agree on me signing over full custody to her? We live in Missouri.

Jennifer L. Rench 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.

2 Answers | Asked in Child Custody for Missouri on

Q: My daughter is almost 18. should I wait to get a divorce until then? No custody issues that way.

Jennifer L. Rench 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.

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1 Answer | Asked in Child Support for Missouri on

Q: When I look up my child support payments, it shows to payments have recently been made, however I have not received them

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?

Jennifer L. Rench 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... Read more »

1 Answer | Asked in Family Law and Child Custody for Missouri on

Q: My sons father hasn't contacted me in almost a year about our son. Can I file for abandonment?

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.

Jennifer L. Rench 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 child? If he...
Read more »

1 Answer | Asked in Divorce, Estate Planning, Real Estate Law and Tax Law for Missouri on

Q: What is considered Community Property given this information. Please include tax law and any legal code in your answer.

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... Read more »

Jennifer L. Rench 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 don't use those...
Read more »

1 Answer | Asked in Divorce for Missouri on

Q: Uncontested divorce with another child.

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 »

Jennifer L. Rench 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.

1 Answer | Asked in Child Support for Missouri on

Q: Can child support be stopped if a 17 year old Junior has dropped out of high school and is employed full time

Jennifer L. Rench 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.... Read more »

1 Answer | Asked in Family Law and Child Custody for Missouri on

Q: My daughter's father says he will not let her move out of state with me to pursue my Master's degree. What can I do?

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 »

Jennifer L. Rench answered on Jan 18, 2018

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 »

1 Answer | Asked in Divorce and Child Support for Missouri on

Q: 1 month long marriage. Now she's fighting for child support

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 »

Jennifer L. Rench answered on Jan 12, 2018

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 »

1 Answer | Asked in Divorce and Real Estate Law for Missouri on

Q: Can I sell my ex’s house in Missouri if it is in his name? We are divorced and both pay half the utilities and morgage.

No one lives in the house. We both work out of the Country

Jennifer L. Rench answered on Jan 12, 2018

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 »

1 Answer | Asked in Divorce for Missouri on

Q: Preparing to Separate. Married 38 years. Primary breadwinner. Husband retired military, chooses not to work.

I don't want home. I don't want his retirement. I don't want to pay support or lose my retirement. How do I proceed?

Jennifer L. Rench answered on Jan 12, 2018

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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