Missouri Questions & Answers by Practice Area
- Bankruptcy
- Consumer Law
- Contracts
- Copyright
- Criminal Law
- Divorce
- DUI / DWI
- Employment Law
- Estate Planning
- Family Law
- Foreclosure
- Immigration Law
- Personal Injury
- Products Liability
- Real Estate Law
- Tax Law
- Traffic Tickets
- Workers' Compensation
- Admiralty / Maritime
- Adoption
- Agricultural Law
- Animal / Dog Law
- Antitrust
- Appeals / Appellate Law
- Arbitration / Mediation Law
- Banking
- Business Formation
- Business Law
- Car Accidents
- Child Custody
- Child Support
- Civil Litigation
- Civil Rights
- Collections
- Communications Law
- Constitutional Law
- Construction Law
- Domestic Violence
- Education Law
- Elder Law
- Election Law
- Employment Discrimination
- Energy, Oil and Gas
- Entertainment / Sports
- Environmental
- Federal Crimes
- Gaming
- Gov & Administrative Law
- Government Contracts
- Health Care Law
- Identity Theft
- Insurance Bad Faith
- Insurance Defense
- Intellectual Property
- International Law
- Internet Law
- Juvenile Law
- Land Use & Zoning
- Landlord - Tenant
- Legal Malpractice
- Lemon Law
- Libel & Slander
- Medical Malpractice
- Mergers & Acquisitions
- Military Law
- Municipal Law
- Native American Law
- Nursing Home Abuse
- Patents (Intellectual Property)
- Probate
- Public Benefits
- Securities Law
- Sexual Harassment
- Small Claims
- Social Security
- Stockbroker Fraud
- Trademark
- Uncategorized
- White Collar Crime
- Wrongful Death
Missouri Questions & Answers
Q: I invested $10000 early 2018 in stocks. Lost half of it's value cashed out $5700 in Nov 2018 Is that income on means ts
Timothy Denison's answer
It is not income for purposes of the means test but it is an asset that must be disclosed and listed on your petition. Since you’ve paid taxes on it already and taken a loss on it, it is not income but it still must be listed in your petition.
It is not income for purposes of the means test but it is an asset that must be disclosed and listed on your petition. Since you’ve paid taxes on it already and taken a loss on it, it is not income but it still must be listed in your petition.
Q: Hello. I'm needing to know what rights noncustodial parent has when child has been moved out of state without consent?
Lydia Seifner's answer
Your rights are entirely dependent on your marital status to the custodial parent and if there has been a previous court order that the other parent might be violating. There's not enough information here to give and adequate answer, so I highly recommend you speak to a family attorney in your area.
Your rights are entirely dependent on your marital status to the custodial parent and if there has been a previous court order that the other parent might be violating. There's not enough information here to give and adequate answer, so I highly recommend you speak to a family attorney in your area.
Q: Hello, I am wanting to know about a soon to be divorce.
Lydia Seifner's answer
There are quite a few questions involved here. First, and foremost the quickest you can be divorced is 31 days after you've been serviced, provided you both agree to the terms. If you suspect that her paperwork will not contain all the issues you wish to address, them make sure you file a response, so the Court has more than just the information she provides from which to make it's decision. Finally, wedding rings are typically viewed as marital gifts to the other party meaning it's hers to...
There are quite a few questions involved here. First, and foremost the quickest you can be divorced is 31 days after you've been serviced, provided you both agree to the terms. If you suspect that her paperwork will not contain all the issues you wish to address, them make sure you file a response, so the Court has more than just the information she provides from which to make it's decision. Finally, wedding rings are typically viewed as marital gifts to the other party meaning it's hers to...
Q: Can an apartment complex make me purchase their limited liability policy and refuse mine through Statefarm?
Jennifer Sheila Kornblum's answer
The answer to this question lies in the language in your lease. Check the paragraph about insurance. It will control your responsibilities and obligations.
The answer to this question lies in the language in your lease. Check the paragraph about insurance. It will control your responsibilities and obligations.
Q: If I am reading this right, when I child turns 18 support will stop until they go to college?
Jennifer L. Rench's answer
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 college, then your child has until October 1st following graduation to enroll in at least 12 hours of credit for each college semester. Turning 18 won't by itself terminate child support in that...
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 college, then your child has until October 1st following graduation to enroll in at least 12 hours of credit for each college semester. Turning 18 won't by itself terminate child support in that...
Q: I've been renting a washer and dryer from Aarons it was 700.00 brand new and ive been paying 78.00 month for 14 months
1 Answer
| Asked
in
Bankruptcy, Consumer Law, Contracts and Products Liability
for
Missouri
on
Answered on Feb 8, 2019
Answered on Feb 8, 2019
Timothy Denison's answer
You’re going to need a copy of the contract you signed with them to get the right answer.
You’re going to need a copy of the contract you signed with them to get the right answer.
Q: Can an employee discuss other employees start and end dates
Ronald J. Eisenberg's answer
I doubt this would constitute public disclosure of private facts, which is a tort in Missouri.
I doubt this would constitute public disclosure of private facts, which is a tort in Missouri.
Q: which county court to file child custody modification?
Lydia Seifner's answer
Unless all parties have moved from the previous jurisdiction, a modification is proper in the county which issued the previous decision.
Unless all parties have moved from the previous jurisdiction, a modification is proper in the county which issued the previous decision.
Q: Our daughter been missing since 7-17-18. Her son has always lived with us. The other grandparents took him. Won't bring
Christopher Fink's answer
You will need to file a Petition for Guardianship. The burden of proof will be on you to prove that both parents are unfit, unable and unwilling to provide for the child, which it sounds like you certainly can prove. Then the court considers the best interests of the child as to the proper guardian.
You will need to file a Petition for Guardianship. The burden of proof will be on you to prove that both parents are unfit, unable and unwilling to provide for the child, which it sounds like you certainly can prove. Then the court considers the best interests of the child as to the proper guardian.
Q: My husband and his ex wife have joint custody over their children together. Can his Daughter live with us?
Christopher Fink's answer
There are several factors the court will use in forming a parenting plan that is in the child's best interest, including the wishes of the child. There is not a statutory age in which a minor child gets to choose where she lives, however as the child matures, the Court will certainly consider the child's wishes and the reasons behind those wishes. So even though a 12 year old says they want to live with Parent A or Parent B, the more important question is what are the child's motivations to...
There are several factors the court will use in forming a parenting plan that is in the child's best interest, including the wishes of the child. There is not a statutory age in which a minor child gets to choose where she lives, however as the child matures, the Court will certainly consider the child's wishes and the reasons behind those wishes. So even though a 12 year old says they want to live with Parent A or Parent B, the more important question is what are the child's motivations to...
Q: What is the most common outcome of a misdemeanor probation revocation hearing for 1st violation
Christopher Fink's answer
It depends on the violation and the Judge. For example, if someone on probation violates for the same offense that put that person on probation, then the Court is likely to look at it more harshly. Some Judges have a zero tolerance policy, but others may allow a defendant to remain on probation. There are generally 3 outcomes with a suspended imposition of sentence probation...1) The Judge can continue you on probation under same terms and conditions or impose additional conditions, such as...
It depends on the violation and the Judge. For example, if someone on probation violates for the same offense that put that person on probation, then the Court is likely to look at it more harshly. Some Judges have a zero tolerance policy, but others may allow a defendant to remain on probation. There are generally 3 outcomes with a suspended imposition of sentence probation...1) The Judge can continue you on probation under same terms and conditions or impose additional conditions, such as...
Q: I filed for divorce in TN from my husband, and then moved to Missouri. What are my next steps to dissolve the union?
1 Answer
| Asked
in
Child Custody, Child Support and Divorce
for
Missouri
on
Answered on Feb 1, 2019
Answered on Feb 1, 2019
Lydia Seifner's answer
Depending on when your husband was served, the time for him to respond may not be over yet. If the court hasn't provided a date for you, you can contact them and ask for a court date to be set. It will be easier if you have an attorney do this for you, especially considering your distance from the jurisdiction. I would encourage you to contact an attorney in Tennessee to assist you.
Depending on when your husband was served, the time for him to respond may not be over yet. If the court hasn't provided a date for you, you can contact them and ask for a court date to be set. It will be easier if you have an attorney do this for you, especially considering your distance from the jurisdiction. I would encourage you to contact an attorney in Tennessee to assist you.
Q: If one spouse filed chapter 13 is there a way for the other to keep their tax return if filing jointly?
John Martin Hilla's answer
This is a question that may be a matter of local practice. You'll want to consult a bankruptcy attorney in your geographic area.
Where I practice, in Detroit, a non-filing spouse filing a tax return jointly with a filing Chapter 13 debtor will be allowed to retain their 50% of the joint refund.
But mileage may differ in your part of Missouri.
This is a question that may be a matter of local practice. You'll want to consult a bankruptcy attorney in your geographic area.
Where I practice, in Detroit, a non-filing spouse filing a tax return jointly with a filing Chapter 13 debtor will be allowed to retain their 50% of the joint refund.
But mileage may differ in your part of Missouri.
Q: im 17 and living on my own in MO. my mom is saying she can put me in a mental hospital until im 21.
1 Answer
| Asked
in
Civil Litigation, Family Law, Child Custody and Domestic Violence
for
Missouri
on
Answered on Jan 31, 2019
Answered on Jan 31, 2019
Lydia Seifner's answer
You can't put anyone in psychiatric facility if they are mentally stable; it's a doctor's call to admit someone for treatment, not a parent's decision because they're mad at their kid. It just doesn't work like that. She can however, report you as a runaway and send you to juvenile detention. I would encourage you to speak to an attorney about seeking emancipation, if you've been supporting yourself for six months, you would qualify.
You can't put anyone in psychiatric facility if they are mentally stable; it's a doctor's call to admit someone for treatment, not a parent's decision because they're mad at their kid. It just doesn't work like that. She can however, report you as a runaway and send you to juvenile detention. I would encourage you to speak to an attorney about seeking emancipation, if you've been supporting yourself for six months, you would qualify.
Q: We bought a house in Oct of 2018. The seller paid the taxes for 2018 and then our lending co. paid it again. County sent
Jennifer Sheila Kornblum's answer
It sounds like your real estate taxes are rolled into your mortgage payments. Usually at closing taxes are prorated between buyer and seller for the year. If the county was paid twice, the overpayment goes to the mortgage lender. The lender usually re-analyzes the tax and insurance amount once each year and adjusts your payment accordingly. That will likely happen in the next few months, not in 2020. If you are unsure what your lender is doing about the overpayment, ask them to send you an...
It sounds like your real estate taxes are rolled into your mortgage payments. Usually at closing taxes are prorated between buyer and seller for the year. If the county was paid twice, the overpayment goes to the mortgage lender. The lender usually re-analyzes the tax and insurance amount once each year and adjusts your payment accordingly. That will likely happen in the next few months, not in 2020. If you are unsure what your lender is doing about the overpayment, ask them to send you an...
Q: Can the property owner of my house give me a same day eviction by text message?
1 Answer
| Asked
in
Consumer Law, Foreclosure, Real Estate Law and Landlord - Tenant
for
Missouri
on
Answered on Jan 29, 2019
Answered on Jan 29, 2019
Jennifer Sheila Kornblum's answer
Your rental agreement should protect you - particularly if it is i writing. And more than one days' notice is required for any eviction.
Your rental agreement should protect you - particularly if it is i writing. And more than one days' notice is required for any eviction.
Q: My ex-husband and I have had an agreement in place for about a year with our now 2 year old son. I need too change it.
Christopher Fink's answer
Yes you can have the court modify the existing judgment so long as there is a change in circumstances that is substantial and continuing. In order to do have a Judge consider changing the existing plan, you'll need to file a Motion to Modify. But it will take time to get a trial date and go through the litigation process.
Yes you can have the court modify the existing judgment so long as there is a change in circumstances that is substantial and continuing. In order to do have a Judge consider changing the existing plan, you'll need to file a Motion to Modify. But it will take time to get a trial date and go through the litigation process.
Q: My sister is 16, and my mom attacked her hitting her in the face with her phone and my sister pushed her into the tv.
Lydia Seifner's answer
If your mom tried to report it, it sounds more likely that your sister would be placed into a foster home instead of detention. If you are over 18, then you could be considered a placement option for your sister, so long as you can support yourself and her. Report the event to social services ASAP.
If your mom tried to report it, it sounds more likely that your sister would be placed into a foster home instead of detention. If you are over 18, then you could be considered a placement option for your sister, so long as you can support yourself and her. Report the event to social services ASAP.
Q: Abstract 1948 begins having verbage "except road right of way", No amount specified. How do I find the distance allow
1 Answer
| Asked
in
Contracts, Family Law and Real Estate Law
for
Missouri
on
Answered on Jan 28, 2019
Answered on Jan 28, 2019
Jennifer Sheila Kornblum's answer
I am not aware of a state statute that defines the width of roadways, but some counties have such ordinances. Your best bet is to search the ordinances in your particular county, which can be done online.
I am not aware of a state statute that defines the width of roadways, but some counties have such ordinances. Your best bet is to search the ordinances in your particular county, which can be done online.
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