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C. Curran Coulter
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C. Coulter’s Answers

94 total


  • If my husband is being sued in a civil case, can they take our house if both of our names is on it?

    N/A

    C.’s Answer

    Certain property owned by a judgment debtor, such as real estate, can have a lien placed upon it. How you have encumbered property titled may prevent the creditor from executing on that property.

    A recent article in the Journal of the Missouri Bar discussed potential pitfalls that legal practitioners face when dividing up encumbered property in a divorce or legal separation.

    You may want to review this situation with an attorney that could ensure your property is properly titled to protect it.

    Hope this helps.

    *** If you like my answer, please mark it as the best answer.

    Sincerely,
    C. Curran Coulter II, J.D.
    Attorney and Counselor at Law
    THE COULTER LAW FIRM, LLC
    8000 Maryland Ave., Suite 1060
    St. Louis, Missouri 63105
    www.stl-lawfirm.com
    Office: (314) 721-1116
    Fax: (314) 725-1026
    curran@stl-lawfirm.com

    Legal disclaimer: The response given is not intended to create, nor does it create an ongoing duty to respond to questions. The response does not form an attorney-client relationship, nor is it intended to be anything other than the educated opinion of the author. It should not be relied upon as legal advice. The response given is based upon the limited facts provided by the person asking the question. To the extent additional or different facts exist, the response might possibly change. Attorney is licensed to practice law only in the State of Missouri and the United States District Court for the Eastern District of Missouri. Responses are based solely on Missouri law unless stated otherwise.

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  • I am subpoened as victim, 1200 miles away from Court. I cannot appear, are there consequences?

    Incident, two months ago. Assault in the 3rd degree. I do not want to proceed. Hardship traveling back to court 1200 miles away. Defendant served jail time and paid bail. I feel justice was served. I DO NOT WANT to prosecute. P.A. states sh...

    C.’s Answer

    If you are properly served, you are required to appear. I suggest contacting the prosecutor and explaining your hardship. They may be able to make accommodation.

    *** If you like my answer, please mark it as the best answer.

    Sincerely,
    C. Curran Coulter II, J.D.
    Attorney and Counselor at Law
    THE COULTER LAW FIRM, LLC
    8000 Maryland Ave., Suite 1060
    St. Louis, Missouri 63105
    www.stl-lawfirm.com
    Office: (314) 721-1116
    Fax: (314) 725-1026
    curran@stl-lawfirm.com

    Legal disclaimer: The response given is not intended to create, nor does it create an ongoing duty to respond to questions. The response does not form an attorney-client relationship, nor is it intended to be anything other than the educated opinion of the author. It should not be relied upon as legal advice. The response given is based upon the limited facts provided by the person asking the question. To the extent additional or different facts exist, the response might possibly change. Attorney is licensed to practice law only in the State of Missouri and the United States District Court for the Eastern District of Missouri. Responses are based solely on Missouri law unless stated otherwise.

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  • In Missouri, is there an age a child can decide whether they want to continue visitation rights of the non-custodial parent?

    My child is 9. Visits with the father are stressful for the child, not dangerous. At what age could the child decide for themselves whether or not they wanted to continue scheduled visitations as declared in the divorce decree?

    C.’s Answer

    The Court decides so long as the child is under it's jurisdiction (usually until they age out: 18 or 21 depend on if they pursue higher education - though could be longer if the child has special needs).

    The statute used to determine custody is RSMo 452.375. The child's wishes are one factor considered by the Court. Courts tend to give more weight to the child's wishes as they get older. However, the existing court order must be modified to make a change in custody/visitation

    If you have interest in modifying the current parenting plan, I suggest contacting an attorney with family law experience.

    Good luck!

    *** If you like my answer, please mark it as the best answer.

    Sincerely,
    C. Curran Coulter II, J.D.
    Attorney and Counselor at Law
    THE COULTER LAW FIRM, LLC
    8000 Maryland Ave., Suite 1060
    St. Louis, Missouri 63105
    www.stl-lawfirm.com
    Office: (314) 721-1116
    Fax: (314) 725-1026
    curran@stl-lawfirm.com

    Legal disclaimer: The response given is not intended to create, nor does it create an ongoing duty to respond to questions. The response does not form an attorney-client relationship, nor is it intended to be anything other than the educated opinion of the author. It should not be relied upon as legal advice. The response given is based upon the limited facts provided by the person asking the question. To the extent additional or different facts exist, the response might possibly change. Attorney is licensed to practice law only in the State of Missouri and the United States District Court for the Eastern District of Missouri. Responses are based solely on Missouri law unless stated otherwise.

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  • What are my chances of losing custody of my daughter who is 7 or what are my chances of a modification order?

    received an orper of protection from ex spouse and his current wife for calling them the B word after my daugter told me that her dad had her get on her knees and beg his wife to comb her hair. He and I have joint custody. 2-3 days per week, ever...

    C.’s Answer

    There are many factors that are considered when determining custody - listed in RSMo 452.375 (http://www.moga.mo.gov/statutes/c400-499/4520000375.htm). It is difficult to give odd in a situation because there are so many variables.

    I strongly suggest contacting an attorney with family law experience. They will be able to review your case in depth and advocate for your position in this situation.

    Hope this helps.

    *** If you like my answer, please mark it as the best answer.

    Sincerely,
    C. Curran Coulter II, J.D.
    Attorney and Counselor at Law
    THE COULTER LAW FIRM, LLC
    8000 Maryland Ave., Suite 1060
    St. Louis, Missouri 63105
    www.stl-lawfirm.com
    Office: (314) 721-1116
    Fax: (314) 725-1026
    curran@stl-lawfirm.com

    Legal disclaimer: The response given is not intended to create, nor does it create an ongoing duty to respond to questions. The response does not form an attorney-client relationship, nor is it intended to be anything other than the educated opinion of the author. It should not be relied upon as legal advice. The response given is based upon the limited facts provided by the person asking the question. To the extent additional or different facts exist, the response might possibly change. Attorney is licensed to practice law only in the State of Missouri and the United States District Court for the Eastern District of Missouri. Responses are based solely on Missouri law unless stated otherwise.

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  • How much will it cost me to subpoena a lab report

    i went to prison for 4 years because of that lab report

    C.’s Answer

    I agree with Mr. Tolin and would like to add that different organizations have different rates for providing copies of documents. Usually it is a per page rate. Some even will provide documents free of charge.

    I would call the lab to find out what their procedure is for getting a copy.

    *** If you like my answer, please mark it as the best answer.

    Sincerely,
    C. Curran Coulter II, J.D.
    Attorney and Counselor at Law
    THE COULTER LAW FIRM, LLC
    8000 Maryland Ave., Suite 1060
    St. Louis, Missouri 63105
    www.stl-lawfirm.com
    Office: (314) 721-1116
    Fax: (314) 725-1026
    curran@stl-lawfirm.com

    Legal disclaimer: The response given is not intended to create, nor does it create an ongoing duty to respond to questions. The response does not form an attorney-client relationship, nor is it intended to be anything other than the educated opinion of the author. It should not be relied upon as legal advice. The response given is based upon the limited facts provided by the person asking the question. To the extent additional or different facts exist, the response might possibly change. Attorney is licensed to practice law only in the State of Missouri and the United States District Court for the Eastern District of Missouri. Responses are based solely on Missouri law unless stated otherwise.

    See question 
  • Can an employer escort a process server to your desk if you are refusing to come to the front office?

    Does a company have to call employee to front office if process server shows and if the employee refuses to come to office can the office personnel bring process server to your desk?

    C.’s Answer

    The company may choose how they wish to handle the situation. They may choose not to have an employee come to the front desk and not allow the process server into their back area if they would like.

    *** If you like my answer, please mark it as the best answer.

    Sincerely,
    C. Curran Coulter II, J.D.
    Attorney and Counselor at Law
    THE COULTER LAW FIRM, LLC
    8000 Maryland Ave., Suite 1060
    St. Louis, Missouri 63105
    www.stl-lawfirm.com
    Office: (314) 721-1116
    Fax: (314) 725-1026
    curran@stl-lawfirm.com

    Legal disclaimer: The response given is not intended to create, nor does it create an ongoing duty to respond to questions. The response does not form an attorney-client relationship, nor is it intended to be anything other than the educated opinion of the author. It should not be relied upon as legal advice. The response given is based upon the limited facts provided by the person asking the question. To the extent additional or different facts exist, the response might possibly change. Attorney is licensed to practice law only in the State of Missouri and the United States District Court for the Eastern District of Missouri. Responses are based solely on Missouri law unless stated otherwise.

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  • When can I end child support in Missouri?

    My son is 18 entering the Marines in 2 months. Can I file the affadavit to end child support now or do I have to wait until he leaves to file it. Also he has not lived with his mother for 2 years. Should I still be paying child support?

    C.’s Answer

    Generally, child support ends when a child enters active duty military service. Once that begins you should file an Affidavit for the Termination of Child Support (http://www.courts.mo.gov/file.jsp?id=639).

    If you have additional questions, contact an attorney that has family law experience.

    Good luck!

    *** If you like my answer, please mark it as the best answer.

    Sincerely,
    C. Curran Coulter II, J.D.
    Attorney and Counselor at Law
    THE COULTER LAW FIRM, LLC
    8000 Maryland Ave., Suite 1060
    St. Louis, Missouri 63105
    www.stl-lawfirm.com
    Office: (314) 721-1116
    Fax: (314) 725-1026
    curran@stl-lawfirm.com

    Legal disclaimer: The response given is not intended to create, nor does it create an ongoing duty to respond to questions. The response does not form an attorney-client relationship, nor is it intended to be anything other than the educated opinion of the author. It should not be relied upon as legal advice. The response given is based upon the limited facts provided by the person asking the question. To the extent additional or different facts exist, the response might possibly change. Attorney is licensed to practice law only in the State of Missouri and the United States District Court for the Eastern District of Missouri. Responses are based solely on Missouri law unless stated otherwise.

    See question 
  • Do I need to go to court if I have already made payment arrangements with the debt collection agency?

    I recently received a summons to court for a credit card debt. Prior to the hearing date I have made payment arrangements with the debt collection agency. I could not get an understanding from them as if I have to be in court for my hearing now. D...

    C.’s Answer

    If you do not go, you risk a judgment against you: So, while you do not have to go to Court - you should go to Court.

    If you have an agreement worked out, you should go to Court to ensure the case is dismissed or continued to a later date to ensure payment up until that point.

    Be sure to keep a record of your agreement (preferably signed by both parties) and any payments you make.

    Good luck!

    *** If you like my answer, please mark it as the best answer.

    Sincerely,
    C. Curran Coulter II, J.D.
    Attorney and Counselor at Law
    THE COULTER LAW FIRM, LLC
    8000 Maryland Ave., Suite 1060
    St. Louis, Missouri 63105
    www.stl-lawfirm.com
    Office: (314) 721-1116
    Fax: (314) 725-1026
    curran@stl-lawfirm.com

    Legal disclaimer: The response given is not intended to create, nor does it create an ongoing duty to respond to questions. The response does not form an attorney-client relationship, nor is it intended to be anything other than the educated opinion of the author. It should not be relied upon as legal advice. The response given is based upon the limited facts provided by the person asking the question. To the extent additional or different facts exist, the response might possibly change. Attorney is licensed to practice law only in the State of Missouri and the United States District Court for the Eastern District of Missouri. Responses are based solely on Missouri law unless stated otherwise.

    See question 
  • Do I have to worry about a possible appeal to my divorce decree?

    On April 16th I had a court date set for my divorce. I showed up with two character witnesses and my attorney. My spouse did not show. The Judge heard my case, entered a parenting plan, and gave me pretty much everything I was asking for. My "ex" ...

    C.’s Answer

    I would not worry about things that you cannot control. If she does file for an appeal, deal with it at that point. Appeals require the appropriate filing, valid service, and allows for time to do responsive pleadings.

    If you are still concerned, you can discuss your case with an attorney. They will need more information than was provided here, and they can discuss what if any issues within you case may be ripe for an appeal.

    *** If you like my answer, please mark it as the best answer.

    Sincerely,
    C. Curran Coulter II, J.D.
    Attorney and Counselor at Law
    THE COULTER LAW FIRM, LLC
    8000 Maryland Ave., Suite 1060
    St. Louis, Missouri 63105
    www.stl-lawfirm.com
    Office: (314) 721-1116
    Fax: (314) 725-1026
    curran@stl-lawfirm.com

    Legal disclaimer: The response given is not intended to create, nor does it create an ongoing duty to respond to questions. The response does not form an attorney-client relationship, nor is it intended to be anything other than the educated opinion of the author. It should not be relied upon as legal advice. The response given is based upon the limited facts provided by the person asking the question. To the extent additional or different facts exist, the response might possibly change. Attorney is licensed to practice law only in the State of Missouri and the United States District Court for the Eastern District of Missouri. Responses are based solely on Missouri law unless stated otherwise.

    See question 
  • Is it true that questions concerning modifying custody can only be from the date dissolution of marriage was done?

    I am the Respondent in this case and we currently have joint custody but, she has filed a motion to reicieve Sole physical Custody.

    C.’s Answer

    No. The standard for a modification is a continued change in circumstances. Questions that help show that can be from any period. It is more likely that it would be from the post dissolution period, however, is not required to be limited to that period.

    Good luck!

    *** If you like my answer, please mark it as the best answer.

    Sincerely,
    C. Curran Coulter II, J.D.
    Attorney and Counselor at Law
    THE COULTER LAW FIRM, LLC
    8000 Maryland Ave., Suite 1060
    St. Louis, Missouri 63105
    www.stl-lawfirm.com
    Office: (314) 721-1116
    Fax: (314) 725-1026
    curran@stl-lawfirm.com

    Legal disclaimer: The response given is not intended to create, nor does it create an ongoing duty to respond to questions. The response does not form an attorney-client relationship, nor is it intended to be anything other than the educated opinion of the author. It should not be relied upon as legal advice. The response given is based upon the limited facts provided by the person asking the question. To the extent additional or different facts exist, the response might possibly change. Attorney is licensed to practice law only in the State of Missouri and the United States District Court for the Eastern District of Missouri. Responses are based solely on Missouri law unless stated otherwise.

    See question