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Missouri Questions & Answers
1 Answer | Asked in Family Law for Missouri on
Q: Can my 17 year old move out with out permission with no stable place to go
Caroline Bundy
Caroline Bundy answered on Jun 16, 2021

In Missouri, those children of the age of 17 are not considered runaways. Although what you've described may not be safe for the child, there is not much that can be done when a 17-year-old moves out of the home.

1 Answer | Asked in Child Support for Missouri on
Q: I am paying child support on two children. one of which will turn 21 in February 2022. What happens then?

The 20 year old does not live at home. We have never received any report cards on either child. What is the best approach with this?

Caroline Bundy
Caroline Bundy answered on Jun 16, 2021

You will need to request that support be terminated for the eldest child. You can either do that by affidavit or by motion. That would also mean that child support should be recalculated to reflect one child.

1 Answer | Asked in Estate Planning and Probate for Missouri on
Q: Do beneficiary designations take priority over a Will?
David S. Schleiffarth
David S. Schleiffarth answered on Jun 15, 2021

Yes--a beneficiary designation takes priority over a Will. A beneficiary designation is a form of "non-probative transfer," which takes place separately from any testamentary documents.

1 Answer | Asked in Car Accidents for Missouri on
Q: if someone backs out in front of you and you hit them, are you at fault

people are backing out in front of me with i high degree of regularity if i hit the, i maintain my driving speed and don't swerve, if they don't get out of my way in time and i hit them, is it my fault?

Tim Akpinar
Tim Akpinar answered on Jun 14, 2021

A Missouri attorney could advise best, but your question remains open for two weeks. The GENERAL rule followed across the nation in virtually every state is that if you are on the main road, you usually have right of way over people backing into that road (barring factors such as speeding,... Read more »

1 Answer | Asked in Divorce for Missouri on
Q: If a GAL is appointed, Can a new GAL be requested?

Unfortunately during temporary custody our GAL explained that he would be reaching out to the supervisor, and letting the supervisor know that he would be supervising the children during dad‘s visits. He was also to inspect the home making sure that it was a safe place for the children to go.... Read more »

Caroline Bundy
Caroline Bundy answered on Jun 14, 2021

You can request there be a change, but it can be quite difficult to have them removed.

1 Answer | Asked in Child Support for Missouri on
Q: Is child support paid in summer between HS and college if child is over 18?

In MO. Child turns 18 in Nov. of his senior year of high school. Child support must be paid until completion of H.S. Does child support contunue through the summer if he is planning on attending college?

Caroline Bundy
Caroline Bundy answered on Jun 14, 2021

In Missouri, if the child plans on attending higher education, support ends at 21 or when they graduate - whichever is earlier.

1 Answer | Asked in Family Law and Child Custody for Missouri on
Q: How can I get rights to child I've had for 7 years without any contact from parents
Caroline Bundy
Caroline Bundy answered on Jun 11, 2021

Are you seeking an adoption? I would need more facts to help you with your case.

1 Answer | Asked in Contracts for Missouri on
Q: I rent my trash is included in my rent can they start charging me for trash be for my contact is up?
Ronald J. Eisenberg
Ronald J. Eisenberg answered on Jun 11, 2021

Your written lease terms govern.

1 Answer | Asked in Consumer Law, Criminal Law, Personal Injury and Insurance Bad Faith for Missouri on
Q: What actions are considered vexatious by insurance companies in MO.& what is bad faith? What can I do?

My insurance company used a bias company to estimate loss. The inspection was not thorough and I was pressured to accept a completely unreasonable lowball offer. I complained to my agent and received a call from the supervisor saying they will send a third-party inspector over to inspect the... Read more »

Tim Akpinar
Tim Akpinar answered on Jun 10, 2021

A Missouri attorney could advise best, as your question could involve elements of state-specific law. In terms of what you could do, one option is to arrange a brief consult with an attorney experienced in property damage/fire claims. In terms of pressure to accept an offer, if a release had been... Read more »

1 Answer | Asked in Real Estate Law for Missouri on
Q: How do I remove EX partner from deed/loan?

My ex partner and I bought a house together 13 years ago. She lived in the house for 3 months then left. She has not paid any of the mortgage, taxes, repairs ect. We only paid $2500 down at the time of mutual money. I want to refinance but she refuses to sign quit claim deed. What are my options?

Jennifer Sheila Kornblum
Jennifer Sheila Kornblum answered on Jun 10, 2021

If your ex refuses to sign a quitclaim deed, your other option is filing a court action for partition. It is a generally a short process but it carries several risks. You should definitely consult an attorney about the pros and cons to see if it is in your best interest in your circumstances.

1 Answer | Asked in Family Law for Missouri on
Q: I was never married to the biological father. I have been letting them see him until things regarding their situation

That made me uncomfortable for my child. Is there anything they can do to try and take him from me or force shared custody.

Caroline Bundy
Caroline Bundy answered on Jun 10, 2021

He can seek a paternity action to obtain joint custody of the child.

1 Answer | Asked in Family Law and Child Custody for Missouri on
Q: I was served paternity petition papers from father of my child. How do I respond? We're not married.

Baby born in Missouri

Lived there 4 months. Moved to another state.

Caroline Bundy
Caroline Bundy answered on Jun 10, 2021

I would need to know some more information to know if the case was properly brought in whichever state it was filed. You need to make sure that you respond within 30 days (in a number of states, it's 21 days), or ask for leave to file out of time with the court.

1 Answer | Asked in Child Custody, Child Support and Family Law for Missouri on
Q: My husband is trying to lower his child support or sign his rights away, and I was wondering how much would it cost
Caroline Bundy
Caroline Bundy answered on Jun 10, 2021

Do you mean how much it would cost to go to court? Unless there's someone there to adopt the child (or they are considered abandoned, etc.), the court will not terminate his rights just so he doesn't have to pay child support.

1 Answer | Asked in Family Law, Child Custody and Juvenile Law for Missouri on
Q: Can I stay with a friend legally, while I'm trying to get myself emancipated.

I'm 16 and I'm currently trying to get myself emancipated without my dad's knowledge. My parents are divorced and my mom has agreed to give up her rights, but my dad is trying to keep us trapped here. He is a very unfit parent and let's his girlfriend control everything and they bully us constantly.

Caroline Bundy
Caroline Bundy answered on Jun 10, 2021

To be eligible for emancipation in Missouri, you need to be able to support yourself financially and have a place of your own. That doesn't mean you cannot have roommates or live elsewhere, but you would have to show the court that you would be able to afford a home and have an income, etc.... Read more »

1 Answer | Asked in Contracts and Construction Law for Missouri on
Q: If a judge grants a motion to compel discovery and the question is only partially answered, what recourse do I have?

An important part of my case is to prove the inexperience of workers. The discovery question asked for names, addresses, and phone numbers of suppliers and workers for the project. After refusal to answer, a motion to compel the answer to the question was granted. An answer was received, but... Read more »

Ronald J. Eisenberg
Ronald J. Eisenberg answered on Jun 7, 2021

You could file a motion for sanctions for failure to comply with the judge’s order. First, contact opposing counsel and request a full answer. If necessary, consider getting the information through a deposition.

1 Answer | Asked in Contracts and Real Estate Law for Missouri on
Q: In Missouri, what recourse do I have when the home builder is not ready for the contractual closing date?

Contact signed in December 2020 with the June 9, 2021 closing date which is plenty of time to build a 1600 sq ft home. The builder is doing several trades himself so he doesn’t have to pay subcontractors. He has drug his feet for weeks and will not be done in time for closing cause if me to loose... Read more »

Ronald J. Eisenberg
Ronald J. Eisenberg answered on Jun 7, 2021

For most people, a real estate transaction is the largest purchase they will ever make. I encourage you to have an attorney review your contract in order to help you decide what to do. The contractual terms will be significant in planning your next steps. If would be reckless for anyone to... Read more »

2 Answers | Asked in Criminal Law and Domestic Violence for Missouri on
Q: Hello, my ex boyfriend left my stranded in MS with no money food or vehicle, I knew no one there. I live in MO.

Ex begged me to stay With him in Grenada MS in a hotel for a week while he worked. I live in Mo so he picked me up and drove me The entire time I was there he was emotional and argumentative. Thursday I Made a nail appointment, I had to walk to. I started walking to the nail salon Next thing I... Read more »

Ronald J. Eisenberg
Ronald J. Eisenberg answered on Jun 6, 2021

That’s a very sad situation. This isn’t something likely to result in litigation, however. You need to figure out if you want to remain in a relationship with someone who would do that to you.

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1 Answer | Asked in Traffic Tickets for Missouri on
Q: Hello I'm a 16 year old and I got a citation that was for 26 over, this my first citation, what could I be facing?

I've only had my license for about a month, so the record is clean, but I was also on the highway, does that affect it?

Keya Reed
Keya Reed answered on Jun 5, 2021

You may be looking at criminal charges, fines and court costs, as well as points on your license. Hire a traffic attorney to help you with this matter.

1 Answer | Asked in Divorce, Real Estate Law and Banking for Missouri on
Q: I purchased a house in 2010 in my name only I was married about three years does she get half

I’m Refinancing with cash out for debt consolidation Lender says she may have to sign some form is this necessary in Missouri

Keya Reed
Keya Reed answered on Jun 5, 2021

If the hour was bought during the marriage with marital funds, your spouse is entitled to an equitable distribution of that property.

1 Answer | Asked in Family Law for Missouri on
Q: I was served paternity papers in Louisiana. From Missouri. How do I respond?
Keya Reed
Keya Reed answered on Jun 5, 2021

You will need to file an answer to the petition within 30 days after receiving service. I would suggest that you find an attorney in Missouri to help with this matter or file pro se if you are comfortable. The state of Missouri has documents available online if you choose to represent yourself.

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