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Questions Answered by Chad Garrett Mann
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 Family Law for Washington on
Q: Does a vulnerable adult with a legal guardian need permission from said legal guardian to relocate to another county?

In Washington State.

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

Under Washington State law, whether a vulnerable adult with a legal guardian can relocate to another county without permission from their guardian generally depends on the specific details of the guardianship arrangement, the degree of the adult's vulnerability, and any court orders that might... View More

1 Answer | Asked in Landlord - Tenant for Arizona on
Q: AZ LANDLORD TENANT LAW. can a landlord refuse to accept rent money by a 3rd party gov agency or non profit

If those agencies are willing to help prevent eviction

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

In many cases, a landlord has the discretion to accept or refuse payment from a third party. The specific rules can depend on the lease agreement and local and state laws, so it's essential to consult with a licensed attorney in your specific jurisdiction to understand the precise legal... 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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