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C. Curran Coulter
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C. Coulter’s Answers

94 total


  • During a Modification hearing of Custody. Can questions be asked about things that happened prior to the disolution of marriage?

    She claims I am an Alcoholic and wants to bring up pryor D.U.I.'s I got pryor to our dissolution of marriage.

    C.’s Answer

    She can ask you questions about anything. Whether it will lead to an objection and how much weight the court applies to what is being presented may be a different matter.

    Unless she can tie the DUIs to a change in circumstance (the standard for the a modification), there may be an objection for relevance available. I would discuss this with your attorney. If you do not have an attorney, I would consider hiring one 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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  • How do i reduce my child support

    I have not had any contact with my child nor have i been given the oppurtunity for over 10 years, she is remarried and i am now expecting a new child with my current gf/ future wife. I also am making signifigantly less than i have be...

    C.’s Answer

    • Selected as best answer

    As Mr. Tolin said, you will change child support through a motion to modify. It can be complicated, so I too suggest contacting an attorney. Preferably one with family law experience.

    Unfortunately, the new child will not be grounds for a change, nor her remarrying.

    However, the decrease in income will likely satisfy the standards required for a modification. You may also want to establish visitation/custody of your children when you go back to modify. Having more time with the kids will reduce the child support as well. Time with the kids is one of the factors considered on the form 14 (the form used to calculate child support).

    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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  • If you have filed as head of household on a garnishment how many garnishments can your employer withhold at one time?

    i have a garnishment on my check for which i have filed head of household and now another company has filed a garnishment on me and my company is withholding another 10% out of my check for that garnishment as well, for a total of 20% being withhe...

    C.’s Answer

    There is no limit to the number of garnishments that an employer can hold.

    However (and more importantly), there is a limit to the amount of your earnings that can be garnished, which is determined by the type of creditor and your filing status - this is discussed further in detail within in RSMo 513.430 & 513.440.

    If you have multiple creditors, they will have to wait in their priority order for their ability to collect.

    Contact your HR department or whomever handles garnishments within your company to ensure they are not over garnishing (they may be doing so here).

    *** 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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  • The ex-wife had a settlement from lawsuit during marriage, hid assets, got 1/2 my pension and remarried.

    Pension was settled without prejudice, can I go back and try to recover at least part of it? She has remarried, has her own pension and her new husband's. She didn't give me anything out of her lawsuit settlement while we were married.

    C.’s Answer

    The answer is maybe.

    Settlements are sometimes considered marital assets and sometimes considered separate - the distinction hinges on what led to the cause of action. I would suggest contacting an attorney with family law experience to advise you about how this may impact your particular situation.

    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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  • How do I get a lawyer to return fee if he did not provide service?

    We hired a lawyer to represent our son in court. Our son could not be there as he works out of state. The lawyer did not show up causing more problems. We would like to get back the fee we paid him. What are the steps we need to take?

    C.’s Answer

    Your ability to recover all or a portion of the fees would depend upon your agreement with that attorney.

    - Start by reviewing your agreement.
    - If you believe you are entitled to a portion back, contact the attorney to try to solve the situation amicably.
    - If that does not work, consider speaking to an attorney to help you recover or contacting the bar association to which that attorney belongs. Some bar associations offer fee dispute resources such as the Missouri Bar's fee dispute resolution service (http://www.mobar.org/forthepublic/ethics/fdrpfaq.htm).

    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 IS IT DETERMINED WHO STAYS IN THE PRIME RESIDENCE AFTER THE PAPERS ARE SERVED? HOME WAS OWNED BEFORE MARRIAGE.

    HUSBAND & WIFE OWNED HOUSES BEFORE MARRIAGE.

    C.’s Answer

    The parties can come to an agreement or the Court will decide based on evidence presented. Both should take into account how much of the equity was contributed by each party, who owned it before the marriage, etc.

    Practically, one will usually take the house and pay out to the other their portion of the equity or take a greater share of debts to make up for the others contributions.

    I suggest you talk to a family law attorney to ensure your rights are adequately asserted in this situation.

    *** 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 probable is it for a landlord to sue or garnish wages for breaking a lease?

    Units above me had plumbing issues causing water damage to my apartment 4 different times in the past 3 years . Plaster on ceilings/walls are cracked, blistered, peeling, ugly brown stains and mold, the carpet/padding was soaked. I reported wat...

    C.’s Answer

    Before a landlord can garnish your wages, he must get a judgment. With such a damages of approximately, $1,500.00, the landlord would likely sue in small claims (which allows claims up to $5,000.00. If he does so, he will have to serve you and you will be given a chance to tell your side of the story in the hopes of mitigating the alleged damages. You could bring up some of the information you provided here. In small claims, Judges have a lot of discretion to decide on the evidence provided. Assume he is awarded something in the judgment, he would then have to file a garnishment and pay to have it served upon your employer. Then your employer would have to process it and send him the appropriate portion of your wages - there are specific rules about how much can be garnished in different circumstances.

    Moral of the story, he may be able to but has to jump through a few hoops first. It may benefit both of you to try to settle out of court.

    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.

    See question 
  • How do I get my deposit back for engine never purchased by auto shop

    gave auto shop a partial deposit to purchase an engine. The engine was sold by the supplier and I want to get my deposit back

    C.’s Answer

    • Selected as best answer

    What you can and should do will vary depending on the terms of the agreement you had with the auto shop. I would read through the contract then talk to the shop to work it out on your own if you can. If you are unable to accomplish it on your own or would feel more comfortable with an attorney, contact one that will adequately represent your interests.

    *** 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 I counter sue for rears child support and non paid medical bills

    I have a court orde saying my my ex is to pay child supprot and provide medical insurance. over a 16 yr period while my son visited his fateher in the summer for about 3 months he did not pay C/S nor did he provide med ins the order reads all med ...

    C.’s Answer

    It sounds as though you don't need to sue. You can file a Contempt of Court for his violations of the Court Order/Judgment that ordered Child Support. I would contact an attorney with family law experience to help you with this proceedings as it can be complicated.

    *** 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 I kick my ex's new Boyfriend out of my house?

    I recently ended things with my Ex and she's been staying with me till she found a new place and now she has a new boyfriend who she want to bring over. Do i have the right as the soul home owner to make him leave?

    C.’s Answer

    More information would be needed to answer this question. Does she rent from you or is she just "staying with you"?

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