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Missouri Divorce Questions & Answers
2 Answers | Asked in Divorce, Family Law, Child Custody and Child Support for Missouri on
Q: My ex has sole custody of our kids. I'm paying CS but found out the kids don't live w/ him now? Options?

I have a set of twins that will be 18 in June. My ex has had custody since they were 6. I've been paying CS but recently found our that one of them is living w/ his ex-wife and he is paying her $100 month in CS for our daughter. The other is living w/ her boyfriends mom (BF is at school) and... View More

Lydia Seifner
Lydia Seifner
answered on Jan 8, 2019

Child support is to assist the parent actually caring for the child, if your ex is not housing the children, then there is no reason for him to be the recipient of the support. You will still owe support, but can have it redirected to the household's actually caring for the children, and... View More

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1 Answer | Asked in Divorce for Missouri on
Q: My husband and I have been separated for almost 30 yrs. we did not have a legal separwould we still have to divorice

we have no property and our children have passed away

Lydia Seifner
Lydia Seifner
answered on Jan 7, 2019

Well, it depends on what you want to accomplish. If you are happy with the way things are, then no, you don't need a divorce. If either of you wishes to remarry, then yes, a divorce would be required.

Also, understand that if one of you were to get sick, the other would be in...
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1 Answer | Asked in Child Support, Divorce and Family Law for Missouri on
Q: Do I have to file form 14 when I petition for divorce (amicable) even if I don’t want child support?

My spouse and I separated 6 years ago and have been equally sharing custody and expenses related to our child since then. Neither of us want to change that. Is it necessary to file form 14 even if neither party is requesting support?

Lydia Seifner
Lydia Seifner
answered on Dec 4, 2018

Yes, if there are minor children involved you must file a form 14. However, you can state in the petition and in the final hearing that, by agreement, neither of you are requesting child support.

1 Answer | Asked in Divorce for Missouri on
Q: My divorce was granted today in Minnesota, is there a waiting period before i can remarry in the state of Oklahoma ?
Lydia Seifner
Lydia Seifner
answered on Nov 26, 2018

You will want to check on the Minnesota court rules and statutes to confirm, but most states take 60-90 days before a judgment is finalized. You want to wait until after that time period, because if the other party finds an issue with the judgment, they could ask the court to reopen the case;... View More

1 Answer | Asked in Child Custody, Child Support, Divorce and Family Law for Missouri on
Q: Denied access to children for six months, do I need to pay child support for missed time? (In Missouri)
Kristen Thurmond
Kristen Thurmond
answered on Oct 31, 2018

If child support was ordered during the time you were denied access, then you must pay child support. Child support and parenting time are dealt with separately by courts. The reason why you were denied time may impact future time with your children. You need to find a local attorney to help you,... View More

1 Answer | Asked in Divorce for Missouri on
Q: I am needing help with getting my divorce papers started.

i have some of the papers started but i am not sure on how to do the rest of the papers that i need i am trying to do these on my own please if you can help me please let me know i really need the help

Jennifer L. Rench
Jennifer L. Rench
answered on Oct 28, 2018

Teresa,

In order for an attorney to help you, the attorney will need to talk with you, gather some information from you and learn exactly what you are needing to accomplish. Your best bet is to pay an attorney for a couple hours of his or her time to meet with you and answer your questions....
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2 Answers | Asked in Family Law and Divorce for Missouri on
Q: If my attorney quits and I get my file can I represent myself if we have agreed on a settlement. In a divorce

My attorney with held the settlement my husband and I agreed on until he recieved final payment. When I told him I would seek legal advise else where he quit. Can I take that settlement which my husbands lawyer drew up back to him signed and notarized and Let his attorney submit it to the court?... View More

Ronald J. Eisenberg
Ronald J. Eisenberg
answered on Oct 4, 2018

You have the right to represent yourself pro se, but pro se litigants generally don't fare well when up against a party represented by an attorney.

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1 Answer | Asked in Divorce and Tax Law for Missouri on
Q: Trying to get divorced, but neither of us has filed taxes for several years. Can we estimate debt on the forms?

We are amicable and want to work together to get this done. We're not sure what we owe in taxes, so we're not sure what to put down for debts on the dissolution of marriage form. Also, will she have any trouble changing her name because of this? We don't have much property (basically... View More

Jennifer L. Rench
Jennifer L. Rench
answered on Sep 7, 2018

One way to go about this would be to talk to a CPA about filing for the years you missed before you divorce. You may owe or you may be due a refund, but it could be easier to figure out how that should be handled with more information. Good luck!

1 Answer | Asked in Divorce, Family Law and Child Support for Missouri on
Q: In my divorce case I wasn't given credit for overnight visitation on Form 14.

My attorney told me the Judge doesn't give credit for overnight visitation. This would have lowered my support by $599.00. Is what the attorney told me true?

Jennifer L. Rench
Jennifer L. Rench
answered on Sep 7, 2018

There are situations in which the overnight visitation credit may be rebutted or not given. For example, the overnight visitation credit will not be allowed (with certain exceptions) unless the adjusted monthly gross income of the parent receiving support exceeds a minimum set amount of income.... View More

1 Answer | Asked in Divorce, Family Law and Child Support for Missouri on
Q: What is father to do if he makes a lot less than ex and can't afford the support ordered to pay when they share custody

The father ordered to pay just started working due to medical issues but only makes half of what ex (whom is primary) makes. He pays all childs expenses while at his home (buying clothes, food, etc), but court has ordered him to pay a quarter of what he makes a month all while trying to take care... View More

Lydia Seifner
Lydia Seifner
answered on Sep 4, 2018

It sounds like you need to talk to an attorney about seeking a modification.

1 Answer | Asked in Divorce for Missouri on
Q: I've spent over $250K on my divorce. It has dragged on for 2 years. Can I drop it? I need these expenses to end.

I'm the petitioner, and we have a prenup. I filed for divorce after she claimed that I hit her, and had me removed from my own house. After that, she broke into my storage unit, sold everything inside, and stole the original prenup. She also took $15,000 out of my bank account. That was all... View More

Lydia Seifner
Lydia Seifner
answered on Aug 29, 2018

So long as she has a counter-petition, dismissing your petition would not stop the divorce. If you want everything to stop, find a way to settle. If you feel like your attorney does not have your best interests in mind, you may want to talk to someone else in your area about representing you.

1 Answer | Asked in Divorce for Missouri on
Q: Please interpret this for me....my ex and myself do not ageee on the meaning

2. The amount the parties shall pay shall be calculated based upon the actual cost to the child, i.e. even if the child receives a scholarship or other aid which reduces the cost. The “cost” does include the amount of such scholarship or aid. For this purpose, loans to the student shall not be... View More

Lydia Seifner
Lydia Seifner
answered on Aug 4, 2018

It means the costs of college are based upon what is left to pay after scholarships and and grants are applied.

1 Answer | Asked in Divorce for Missouri on
Q: I am a Missouri resident needing a divorce but need to move right away to Oklahoma.

Iknow that I will forfeit our home, but can I still lay claim to half of his 401k and ask for maintaince? I am 57 yrs old and disabled. My husband has been having an affair for three years and has been hiding money while liquidating my valuables for bills. Mine are all gone now. I have nothing.... View More

Jennifer L. Rench
Jennifer L. Rench
answered on Aug 2, 2018

Residency is a factor in where you file your divorce, but a person doesn't forfeit marital property just by moving out of the marital home. In Missouri the court will set apart to each spouse such spouse's nonmarital property and will divide the marital property and marital debts... View More

1 Answer | Asked in Divorce and Family Law for Missouri on
Q: I.am married and have a 4yr old and my wife took my son and went to TX with a man and said he is the dad what can i do
Lydia Seifner
Lydia Seifner
answered on Jul 5, 2018

If the child was born in your marriage, you are the legal father and have equal rights to the child, even if you are not the biological father. You should talk to an attorney local to you as soon as possible about pursuing physical custody of your son as part of either a legal separation or a... View More

1 Answer | Asked in Divorce for Missouri on
Q: my daughter and her father bought a house before she married. Is now seperated(not legally). Husband moved her out and

and changed the locks. is this legal in Mo?

Lydia Seifner
Lydia Seifner
answered on May 31, 2018

Nope, the house belongs to her and her father, not her husband.

1 Answer | Asked in Divorce and Family Law for Missouri on
Q: how can i bet a ex parte cases
Ronald J. Eisenberg
Ronald J. Eisenberg
answered on May 28, 2018

That's too general a question to answer. You prevail in court by convincing the judge you are right. If you hire an attorney you will increase your chance of success.

1 Answer | Asked in Divorce and Family Law for Missouri on
Q: Motion for my attorney retainer fee to be paid by my husband hearing

My husband filed for divorce secretly without notice. He makes over 9k per month and his mother still paid for his attorneys. I have recently filed a motion to order my husband to pay the attorney retainer fee for me to get an attorney. The judge granted it and gave me 6 dates and said I need to... View More

Ronald J. Eisenberg
Ronald J. Eisenberg
answered on May 28, 2018

If the opposing counsel won't communicate with you, you could send a draft notice of hearing and state that you will file it if you don't hear back within X days.

1 Answer | Asked in Divorce for Missouri on
Q: I haven't seen my husband in 7yrs after he cheated on me and had a kid can I get a cheap divorce and without him signing

I got married in July 09 and went to Mexico in Dec 2010 and when I had to come back to America for my fathers funeral in October 2011 he cheated on me and got her pregnant we split up and I haven't seen him in 7 years he has been deported 3 or 4 times and last I heard he was in Mexico can I... View More

Lydia Seifner
Lydia Seifner
answered on May 11, 2018

He doesn't need to sign, but he will need to be served. It sounds like he will have to be served via publication. Serving by publication is a little tricky and you will have to pay for the publication. Talk to an attorney local to you to assist you.

1 Answer | Asked in Divorce and Family Law for Missouri on
Q: What does it mean for a child to primarily reside in each parents custody?

Form 14 2c:1 . I was given credit for my youngest child staying with me primarily. His mom and I are together and we have been so for 7 years. Each year I claim him on my taxes. However, during a dispute with my oldest child’s mother; it was mention that I shouldn’t have gotten that credit. How... View More

Jennifer L. Rench
Jennifer L. Rench
answered on May 10, 2018

This is not as easy of a question to answer as it sounds. The Form 14 is one page, however there a is a 40-page document that accompanies this form titled "DIRECTIONS, COMMENTS FOR USE AND EXAMPLES FOR COMPLETION OF FORM NO. 14". There are also relevant cases in Missouri that specifically... View More

1 Answer | Asked in Divorce and Family Law for Missouri on
Q: How do we file a motion to suspend proceedings in our divorce? It is contested but no hearing dates are set yet. (MO)

How do we file a motion to suspend proceedings in our divorce? It is contested but no hearing dates are set yet. I am Pro See and my husband's lawyer just dropped him and we would like to suspend to see if we can work out our differences without withdrawing so he doesn't lose what money... View More

Kristen Thurmond
Kristen Thurmond
answered on May 7, 2018

The short answer is that the court does not have a "hold" option for matters. Hearings can be continued for good reason; however, if a judge hears that you're attempting reconciliation, he or she may dismiss the case and make you start over. You still have some time, though. Once... View More

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