COVID-19 Missouri Q&A by Practice Area

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COVID-19 Missouri Questions & Answers
1 Answer | Asked in Child Support for Missouri on
Q: State of Missouri. I called child support to get mom to pay child support. They said they cant do anything due to covid

Is this true?

Caroline Bundy
Caroline Bundy
answered on Feb 11, 2021

It depends on who you called. Is there a current income withholding order in place? I would reach out to DFS to see if they can help. Otherwise, I'd recommend seeking legal counsel from a family law attorney.

1 Answer | Asked in Employment Law for Missouri on
Q: I was fired from my job after missing 3 days due to me having covid and my condition am I able to start a case?

I was told I used 9 of my eto days when I in fact only used 7 days. Then my condition got worse and I wasn't able to contact anyone about not being able to work and eventually received an email stating I had been terminated for absence.

Carrie Dyer
Carrie Dyer
answered on Jan 6, 2021

More information is needed to analyze your situation. If these events occurred prior to December 31, 2020, your employer may have violated the Families First Coronavirus Response Act by failing to provide you with 2 weeks of paid sick leave and by retaliating against you for exercising your right... View More

1 Answer | Asked in Landlord - Tenant for Missouri on
Q: My landlord refuses to renew my lease during pandemic, never late on re time never violated lease, he wants to remove me

I've lived in my apartment home for 8yrs an I want to stay in my home all landlord tells me is it's so he can remodel my apartment he won't renew lease an I can't come back to my home after he remodels it. Help I don't want to move out of my home

Ronald J. Eisenberg
Ronald J. Eisenberg
answered on Dec 28, 2020

You have the right to remain during the lease term so long as you are honoring you obligations. You don’t have the right, however, to make your landlord renew the lease.

1 Answer | Asked in Child Support for Missouri on
Q: Does RECEIVED child support affect PAID child support?

I want to preface this with the fact I’m in the state of Missouri. I filed for child support through the state to my sons father. He put on his form14 that his income is $1100/month (Unemployment- he’s laid off cause of Covid) & left out the $1,700 a month in child support he receives for... View More

Paul Ylvisaker
Paul Ylvisaker
answered on Dec 8, 2020

Receipt of child support is not considered income to the party receiving it. That money is the contribution of the other parent toward the support of the other parents’ children. In fact, he gets a credit for the 3 other children in his household for his financial support for the children in his... View More

1 Answer | Asked in Employment Law for Missouri on
Q: My work made me quarantine after being exposed to covid then fired me.

After my test results came back negative he said I still had to wait the remainder of the 2 weeks then today he fired me stating that it caused his numbers to bottom out. I was supposed to return in 2 days. I work and live in Missouri. Is this legal?

Carrie Dyer
Carrie Dyer
answered on Nov 18, 2020

Your employer may have violation the Family First Coronavirus Response Act. You should contact an employment attorney in your area to determine whether your employer was subject to the Act and to disucss your options.

2 Answers | Asked in Criminal Law for Missouri on
Q: What is the statute of limitations on class d misdemeanor stealing in Missouri

My wife was charged last Dec. 12 for stealing less than $40 of merchandise from Walmart. She is not guilty and has already pleaded not guilty in municipal court. They have rescheduled several times, then transferred it to circuit court. She was due to appear in front of the new judge to enter a... View More

Andrea Rogers
Andrea Rogers
answered on Nov 16, 2020

No, this case is not going to be dismissed because of statute of limitations. For misdemeanors, the Prosecutor has 1 year from the date of the incident to file charges. In this case, it sounds like the Prosecutor filed the charge well within the 1-year statute of limitations.

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1 Answer | Asked in Traffic Tickets and Constitutional Law for Missouri on
Q: I showed up to court for a speeding ticket and was told the ticket wasn't in the system yet. Can I get it dismissed?

They blamed Covid, but there was no notification and I missed work to be at court. I disagree with the ticket and now will need to take more time off whenever the ticket is entered and they set a new date. Am I guaranteed a speedy trial and if so, can I get this ticket dismissed. Had I missed... View More

Andrea Rogers
Andrea Rogers
answered on Oct 16, 2020

No, you can't get your ticket dismissed based on what you have stated. If you had missed the court date, the court would have mailed a letter to you to remind you that you missed your court date and would have re-set your court date on a future date. If the Prosecutor hasn't filed the... View More

1 Answer | Asked in Civil Litigation, Real Estate Law and Landlord - Tenant for Missouri on
Q: My lease on apartment was up last month, today received a letter stating I needed to be out of apartment by September 1s

September 1st for the reason of paying rent late and my rent Payment was always coming from somewhere different each month. I am a single mom of 2 and just went through a divorce, tore my meniscus on my knee requiring surgery and 3 months later had to have a hysterectomy due to a prolapsed uterus.... View More

Jennifer Sheila Kornblum
Jennifer Sheila Kornblum
answered on Aug 18, 2020

At the end of a lease for a term the lease converts to month-to-month. In that type of lease, the landlord can give notice to vacate if the rent is not paid. The tenant must be given the option to pay the past due rent and all other sums owed under the lease. If the tenant does this within the time... View More

1 Answer | Asked in Immigration Law for Missouri on
Q: Is it possible to have an N400 application expedited if my employment depends on it?

My driving license expires in February and my employment is Truck driver. Back in 2014 when my conditional green card was ungraded to full ten year I never actually received that card and when I enquired about its whereabouts I was told the card was no longer traceable. So in February of this year... View More

Kyndra L Mulder
Kyndra L Mulder
answered on Aug 5, 2020

You are an LPR. You need to apply for a replacement card. You will need a current card when it comes time to attend an interview for your NATZ. Once you file for the replacement call the 1 800 number to schedule an info pass at your local USCIS. Take the receipt and other proof that you are an LPR... View More

1 Answer | Asked in Appeals / Appellate Law and Employment Law for Missouri on
Q: Can i win unemployment appeal?

I was working at a small ma and pa dinner and they shut down the end of February for a remodel. Said it should be about a month and then we can come back. Well right around the middle of March they opened up, but only take out, cause of covid 19. I was not one to work at this time still, I applied... View More

Ronald J. Eisenberg
Ronald J. Eisenberg
answered on Jun 25, 2020

Here is the statutory definition of "misconduct."

"Misconduct", an act of wanton or willful disregard of the employer's interest, a deliberate violation of the employer's rules, a disregard of standards of behavior which the employer has the right to expect of...
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1 Answer | Asked in Estate Planning, Probate and Elder Law for Missouri on
Q: I have financial POA over my grandfather, can I add myself as a beneficiary on his deed?

He has no will. I’ve been living in his hook me caring for him for over a year. In February he was going to add me as beneficiary on his deed. The pandemic closed the courthouse until this week. He is now incapacitated and can not do so. Can I add myself as beneficiary? The financial POA states I... View More

David S. Schleiffarth
David S. Schleiffarth
answered on Jun 5, 2020

Typically, if a POA grants a power then it is legal to exercise that power, assuming doing so doe not conflict with any limitations or restrictions given in the document. Another important caveat is that said power is being exercised in good faith and in keeping with the principal's interests.... View More

1 Answer | Asked in Child Custody for Missouri on
Q: Can my 16 yr old refuse paternal visitation due to his contentious relationship with his dad? We share joint custody.

We have share joint custody for 15 years following our divorce, but my son is upset over unhealthy relationships and conditions in the home. He recently opened up to me and expressed a lot of frustration. He actually had a break down from not being able to handle the situation any longer. He... View More

Jennifer L. Rench
Jennifer L. Rench
answered on Apr 18, 2020

I understand this can be a difficult situation to navigate. Sometimes divorced parents can feel stuck between following a court order and supporting their child's wishes. This might be an excellent opportunity to use those co-parenting skills and have a conversation with your x-spouse. This... View More

1 Answer | Asked in Landlord - Tenant for Missouri on
Q: Can new owner/landlord force me to have a pre move out inspection 30 days before the actual move out inspection?

House was sold under my existing lease which ends May 24, 2020. New owners are insisting on doing a pre move out Inspection next week and another move out inspection 30 days later. I have underlying health issues and I am trying to keep myself away from others as much as possible due to Covid 19.... View More

Jennifer Sheila Kornblum
Jennifer Sheila Kornblum
answered on Apr 10, 2020

Has the sale of the house already been completed? Because if it is still pending the buyers may be having the house inspected by a professional inspector as part of the purchase transaction. If that is the case, ask to talk with the professional inspector to make arrangements to maintain safety... View More

1 Answer | Asked in Landlord - Tenant for Missouri on
Q: Lease only signed by tenant, not approved or signed by landlord. Is this a legal contract since not signed by both?

I signed a lease online for the time of August 2020 to move in. This particular landlord had told me my lease was not approved and signed by them and that I needed to sign another paper and give my proof of income. I called a couple weeks later due to the hardship of this COVID19 and told them we... View More

Wesley Winsor
Wesley Winsor
answered on Apr 9, 2020

If the Landlord told you that it was not yet approved that there was something else you had to do in order to get it approved, then your "offer" to lease was not "accepted" yet. You can withdraw your offer at any time prior to "acceptance".

The burden of...
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1 Answer | Asked in Estate Planning and Probate for Missouri on
Q: Seeking access to a deceased parent's bank box to search for an estate and living trust plan

Our mother, whose estate is in central MO, has recently passed . Myself and my sibling are on opposite ends of the country. We are dead-center of COVID-19 quarantine and are unable to move about the country. We need access to her bank box to see if the booklet is in it so we can appropriately... View More

Jennifer Sheila Kornblum
Jennifer Sheila Kornblum
answered on Mar 31, 2020

I am so sorry for your loss. Unfortunately there is not much you can do right now. When a person dies their accounts are frozen and access to safe deposit boxes closed. In order to access a box you will likely need a court order from a Missouri court. And Missouri courts are closed for nonessential... View More

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