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Questions Answered by Spencer Williams
1 Answer | Asked in Family Law for Missouri on
Q: what does it mean when you can have one week that doesnt exceed 10 overnights when attached to regular scheduled time?
Spencer Williams
Spencer Williams
answered on Feb 22, 2022

Typically this would be a part of a summer vacation schedule and I am assuming that the normal schedule consists of an alternating weekend schedule.

A parent can designate a seven day period and attach that to their weekend at the start or end of the one week vacation period thereby...
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1 Answer | Asked in Child Support and Family Law for Missouri on
Q: we live in mo. our daughter was murdered in 2020. we were awarded guardianship. father unfit. how can we get their child

support to start coming to them.

Spencer Williams
Spencer Williams
answered on Nov 22, 2021

The most economical option would be to discuss the issue with the Family Support Division and see if they can file to establish or modify the support order to direct to you. If they are unable to help you can file a Petition for Third Party Custody and Support with the County in which the child... View More

1 Answer | Asked in Divorce and Family Law for Missouri on
Q: Which parent is responsible for school morning drop off in this scenario?

One day a week, the father picks up children in the evening and drives them to his home about one hour away. The next morning, he wants me to pick them up from his home one hour away, take them to school one hour away from there, then I have to drive about one hour to work. Court order says his... View More

Spencer Williams
Spencer Williams
answered on Nov 5, 2021

From the description you would be the receiving parent. All the time in a given day needs to be accounted for between each parent (the school is not a custodian of your child) so as the start of school or as of 8:00 am the children are back in your custody. A common discussion is if a child gets... View More

1 Answer | Asked in Family Law for Missouri on
Q: My ex-wife is refusing to split costs for daycare and agreed medical expenses, as ordered in our parenting plan.

We have a current court ordered parenting plan stating that my ex-wife and I need to split all costs evenly for medical, daycare and all expenses. My ex-wife is the custodial parent and I pay her child support. She has been lying to me about the costs of the daycare and I have been overpaying and... View More

Spencer Williams
Spencer Williams
answered on Oct 27, 2021

A Family Access Motion is only for denials of physical custody and visitation. You should look at a Motion for Contempt or the less expensive Motion For Determination of Sums Due and Owing. The Sums Due Motion basically asks the court to do an accounting of what is owed by each party for support... View More

1 Answer | Asked in Child Custody and Family Law for Missouri on
Q: Both parents are in jail need to get custody of grandchild

Please help us

Spencer Williams
Spencer Williams
answered on Oct 24, 2021

Consider filing a Petition for Guardianship and/or a Petition for Third Party Custody. I suggest discussing these options with an attorney in your area. Generally the Guardianship will be heard faster and there are options for emergency guardianship depending on the facts surrounding the... View More

1 Answer | Asked in Family Law and Child Custody for Missouri on
Q: I have military orders to move w/in 20 days. With joint custody. Can I take our children?

Moving to WA on 3yr orders. I allowed to bring my children. I have primary custody. NC has weekend visitation.

Spencer Williams
Spencer Williams
answered on Sep 24, 2021

You should closely review and comply with the terms of your Judgment or Order that established your custody. Missouri has a relocation requirements and notice in every custody judgment and parenting plan. I suggest you review and strictly comply with the relocation notice requirements.

1 Answer | Asked in Family Law for Missouri on
Q: We have 3 kids, 10, 7, 4 years old, we are married, I haven't worked for 5 years to stay with kids.

We didn't really lived together for the last 5 years, he would visit, because he has a business abroad, and he would come and go every month or two weeks. Now we moved all together to Missouri, but he hasn't given me any money since May 2021, and I have been using my personal savings for... View More

Spencer Williams
Spencer Williams
answered on Sep 24, 2021

If you have been in Missouri for at least 90 days, you can file a Petition for Dissolution or Legal Separation with the court and after your spouse is served with the Petition and accompanying documents then request temporary (also called Pendente Lite or PDL) Orders be entered regarding custody,... View More

1 Answer | Asked in Divorce, Family Law, Child Custody and Child Support for Missouri on
Q: In Missouri, is a pentente lite the same as a pendente lite?
Spencer Williams
Spencer Williams
answered on Jul 30, 2021

A motion pendente lite is latin for "pending the litigation". The motion requests orders while a case is pending such as custody, visitation, child support or maintenance orders in divorce litigation. Pendente lite motions are often abbreviated as "PDL". Those temporary... View More

1 Answer | Asked in Family Law and Child Custody for Missouri on
Q: Cant find wife and kids to serve her for custody and get temporary custody until court? What happens if we can't find h
Spencer Williams
Spencer Williams
answered on Jun 30, 2021

Try serving her at different locations. Suggest requesting and using a special process server. If you still cannot get her served, you can have her served by publication in a legal newspaper in the county where she resides.

1 Answer | Asked in Family Law for Missouri on
Q: In Missouri with joint custody 50/50 ive been claiming kids on taxes every year i make 20,00 a year he makes 85,000

We are going back for a Modification for parenting plan with I still get to claim kids

Spencer Williams
Spencer Williams
answered on May 17, 2021

The presumption in the Missouri Form 14 child support calculation is the parent receiving support receives the deductions. If you are receiving support the court would have to find a reason why the support calculation is “ unjust and inappropriate” to award the paying parent the deduction. It... View More

2 Answers | Asked in Family Law, Adoption, Civil Rights and Juvenile Law for Missouri on
Q: My little sister is 17, she graduates early and wants to move in with me is that possible?

We were all adopted, her adopted family is horrible. There has been many wellness checks on her from me. Many DFS calls on the family so much stress she ran away and they brought her back. She is 17 she graduates early, and would like to live with me. I've contacted so many people and they... View More

Spencer Williams
Spencer Williams
answered on Feb 21, 2021

She can file a petition for emancipation. You can consider filing for guardianship of your sister as well.

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