Missouri Questions & Answers by Practice Area
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Missouri Questions & Answers
Q: I’m married, separated, pregnant w/ another mans child. Is there a form NF can sign to terminate all rights forever?
Lydia Seifner's answer
No, this is not possible. You cannot terminate rights that have yet to be established, and you cannot terminate a parent's rights without someone else to take that parent's place, such as a step-parent adoption. What you may do is file a paternity action in which you both agree to no contact and no child support; but you will not be able to finalize the agreement until after the child is born. Talk to an attorney local to you to help you with the action.
No, this is not possible. You cannot terminate rights that have yet to be established, and you cannot terminate a parent's rights without someone else to take that parent's place, such as a step-parent adoption. What you may do is file a paternity action in which you both agree to no contact and no child support; but you will not be able to finalize the agreement until after the child is born. Talk to an attorney local to you to help you with the action.
Q: How a transfer on death for real estate in which one of the 5 beneficiaries is purchasing from owner will play out.
Lydia Seifner's answer
If the property is purchased while Party A is still alive, then the TOD loses effect with the transfer of ownership. Upon Party A's death, the child who bought the property becomes the sole owner and has the sole responsibility of the mortgage.
If the property is purchased while Party A is still alive, then the TOD loses effect with the transfer of ownership. Upon Party A's death, the child who bought the property becomes the sole owner and has the sole responsibility of the mortgage.
Q: I have an ordinance for stealing and i got a continuance and a $532 fee , the 32 is a court fee but the $500 I’m unsure.
Andrea Rogers' answer
If you did not plead guilty or not guilty and the judge gave you a continuance so you can hire an attorney, then the $532 may be "restitution" that you are required to pay back to the person or company that you stole from. In any stealing case, the defendant is required to return what he stole or pay back the victim.
If you did not plead guilty or not guilty and the judge gave you a continuance so you can hire an attorney, then the $532 may be "restitution" that you are required to pay back to the person or company that you stole from. In any stealing case, the defendant is required to return what he stole or pay back the victim.
Q: my fiancee is a permanent res. but he is in jail and they have him on an immigration hold, why?
Maya King's answer
It could be a criminal hold if he was arrested. You need more information - contact ICE or an immigration attorney.
It could be a criminal hold if he was arrested. You need more information - contact ICE or an immigration attorney.
Q: Can a lawyer keep the money we paid him for bankruptcy, even tho we decided not to file? He's been paid for a year.
Timothy Denison's answer
He can keep the portion he earned prior to your advising him you were not filing. The rest must be returned.
He can keep the portion he earned prior to your advising him you were not filing. The rest must be returned.
Q: My Mother passed Easter Sunday, her BF died 5 months before. He left her his house new car and money. Plus my Mom's
Lydia Seifner's answer
Unless your mother had a will stating that your sister gets everything, then you and your sister have equal rights to her property. Talk to an estate planning attorney ASAP.
Unless your mother had a will stating that your sister gets everything, then you and your sister have equal rights to her property. Talk to an estate planning attorney ASAP.
Q: I have an ordinance for stealing and i got a continuance and a $532 fee , the 32 is a court fee but the $500 I’m unsure.
Andrea Rogers' answer
It sounds like what you're saying is that you violated a municipal stealing ordinance, you pleaded guilty, and then the judge assessed a fine & court costs of $532 and gave you a continuance to give you more time to pay. If so, it means the fine is $500 and the court costs are $32. It also means you now have a conviction for stealing on your permanent criminal record, which may prevent you from being able to get a job, rent an apartment, or get federal student aid for college, and it may cause...
It sounds like what you're saying is that you violated a municipal stealing ordinance, you pleaded guilty, and then the judge assessed a fine & court costs of $532 and gave you a continuance to give you more time to pay. If so, it means the fine is $500 and the court costs are $32. It also means you now have a conviction for stealing on your permanent criminal record, which may prevent you from being able to get a job, rent an apartment, or get federal student aid for college, and it may cause...
Q: Are there steps I have to take before I can file for bankruptcy?
Timothy Denison's answer
Yes. You have to complete a credit counseling course online before you can file a bankruptcy petition. Cost ranges from about $4.95 to $25.00.
Yes. You have to complete a credit counseling course online before you can file a bankruptcy petition. Cost ranges from about $4.95 to $25.00.
Q: Is it illegal to hold a child in foster care if court ordered guardianship was given to a family member?
Lydia Seifner's answer
Once the juvenile court gets involved, the juvenile court has custody of a child regardless of your guardianship status. You will need to attend the court hearings and FST meetings to be granted custody and have the action dismissed by the juvenile court. Talk to an attorney who practices in the jurisdiction where the case is located.
Once the juvenile court gets involved, the juvenile court has custody of a child regardless of your guardianship status. You will need to attend the court hearings and FST meetings to be granted custody and have the action dismissed by the juvenile court. Talk to an attorney who practices in the jurisdiction where the case is located.
Q: State of Colorado My son has his 8 month old daughter because he caught his fiancé doing cocaine and drinking -
Lydia Seifner's answer
Since they were not married when the child was born. until there is a court order for paternity and custody, the mother is the only one with legal rights to the child. If your son wants custody over the child, he will have to go to court over it. Have him talk to an attorney where he lives.
Since they were not married when the child was born. until there is a court order for paternity and custody, the mother is the only one with legal rights to the child. If your son wants custody over the child, he will have to go to court over it. Have him talk to an attorney where he lives.
Q: My 13 year old does not want to see her father we have a custody agreement can he take her against her will
Lydia Seifner's answer
Yes, if you have a custody order, it must be followed and is enforceable regardless of the child's wishes. You will have to have the order modified to reduce or change his time with her. Talk to a family attorney to discuss modifying the agreement.
Yes, if you have a custody order, it must be followed and is enforceable regardless of the child's wishes. You will have to have the order modified to reduce or change his time with her. Talk to a family attorney to discuss modifying the agreement.
Q: i got a dwi ticket in may 2015. the prosecutor refused to press charges. do i have tpo do a satop class
James P Feely Jr's answer
It is possible that a person may have to complete SATOP, even though their DWI charge (ticket) was rejected or dismissed by the prosecutor.
In many DWI arrest situations, it will be alleged that the driver had a blood alcohol content (BAC) of .08% or higher, or it will be alleged that the driver refused the breath or blood test. If either happens, it will cause the Missouri Department of Revenue to proceed against the driver's Missouri privileges, resulting in a possible...
It is possible that a person may have to complete SATOP, even though their DWI charge (ticket) was rejected or dismissed by the prosecutor.
In many DWI arrest situations, it will be alleged that the driver had a blood alcohol content (BAC) of .08% or higher, or it will be alleged that the driver refused the breath or blood test. If either happens, it will cause the Missouri Department of Revenue to proceed against the driver's Missouri privileges, resulting in a possible...
Q: Will my homeowner's insurance cover a person who got bitten by my dog?
Ronald J. Eisenberg's answer
There is a good chance that the answer is yes. Submit a claim to your insurer.
MO Rev Stat § 273.036.
Owner liable, when--fine, amount.
273.036. 1. The owner or possessor of any dog that bites, without provocation, any person while such person is on public property, or lawfully on private property, including the property of the owner or possessor of the dog, is strictly liable for damages suffered by persons bitten, regardless of the former viciousness of the dog or...
There is a good chance that the answer is yes. Submit a claim to your insurer.
MO Rev Stat § 273.036.
Owner liable, when--fine, amount.
273.036. 1. The owner or possessor of any dog that bites, without provocation, any person while such person is on public property, or lawfully on private property, including the property of the owner or possessor of the dog, is strictly liable for damages suffered by persons bitten, regardless of the former viciousness of the dog or...
Q: How much can a debtor garnish my wages in Springfield, Missouri?
Ronald J. Eisenberg's answer
The statutes are complicated and confusing but in short, the lesser of 25% of your take home pay or 10% if you are head of a family and make sure your employer knows it.
The statutes are complicated and confusing but in short, the lesser of 25% of your take home pay or 10% if you are head of a family and make sure your employer knows it.
Q: Good day, In the state of Missouri, can I legally record a conversation between myself and my employer/supervisor?
Ronald J. Eisenberg's answer
Missouri is a one-party consent state so, yes, unless you have an employment contract that would prohibit the recording. I hope this answer helps.
Missouri is a one-party consent state so, yes, unless you have an employment contract that would prohibit the recording. I hope this answer helps.
Q: My son's father won't give me my son back after he has him Wat should be my first step on getting him back
Lydia Seifner's answer
If you have a court order, you can usually ask the police to escort you in retrieving the child, per the parenting plan. If it is a persistent problem, talk to an attorney about filing a family access motion or even a modification based upon the father's refusal to follow the parenting plan.
If you do not have a court ordered parenting plan on file with the court, and the two of you were never married, then he does not have any legal rights to the child, and cannot keep you from him....
If you have a court order, you can usually ask the police to escort you in retrieving the child, per the parenting plan. If it is a persistent problem, talk to an attorney about filing a family access motion or even a modification based upon the father's refusal to follow the parenting plan.
If you do not have a court ordered parenting plan on file with the court, and the two of you were never married, then he does not have any legal rights to the child, and cannot keep you from him....
Q: How to write demand letter &prepare for unlawful detainer case in where my defense is the dwelling uninhabitable in MO?
1 Answer
| Asked
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Contracts, Real Estate Law and Landlord - Tenant
for
Missouri
on
Answered on Apr 13, 2018
Answered on Apr 13, 2018
Ronald J. Eisenberg's answer
Counterclaims are not permitted in unlawful detainer actions. Wells Fargo Bank v. Smith, 392 S.W.3d 446 (Mo. banc 2013). https://scholar.google.com/scholar_case?case=2944970135383545146&q=missouri+unlawful+detainer+counterclaim+%22wells+fargo%22&hl=en&as_sdt=4,26
I don't think a demand letter will do any good if you are being sued for unlawful detainer. If you can afford to hire an attorney, do so, because landlord-tenant cases rarely go well for pro se tenants, especially ones who...
Counterclaims are not permitted in unlawful detainer actions. Wells Fargo Bank v. Smith, 392 S.W.3d 446 (Mo. banc 2013). https://scholar.google.com/scholar_case?case=2944970135383545146&q=missouri+unlawful+detainer+counterclaim+%22wells+fargo%22&hl=en&as_sdt=4,26
I don't think a demand letter will do any good if you are being sued for unlawful detainer. If you can afford to hire an attorney, do so, because landlord-tenant cases rarely go well for pro se tenants, especially ones who...
Q: I filed a petition for dissolution of marriage,no kids,uncontested.If we get a court date and hes a no show what happen
Lydia Seifner's answer
If he doesn't show, and he was given proper notice about the court date, then you will receive a default judgment.
If he doesn't show, and he was given proper notice about the court date, then you will receive a default judgment.
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