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C. Curran Coulter II
Attorney and Counselor at Law
THE COULTER LAW FIRM, LLC
8000 Maryland Ave., Suite 1060
St. Louis, Missouri 63105
Phone: (314) 721-1116
Fax: (314) 725-1026
Legal disclaimer: The response given is not intended to create, nor...
Maintenance can be changed through a modification of the judgment ordering the maintenance. The Missouri modification standard is set forth in RSMo 452.370. Caselaw would be able to further clarify what qualifies as meeting this standard.
Also worth noting, you cannot have a judge order a step-down plan on his own or a plan that has a set end date. Those type of plans can only be ordered in a settlement of the parties.
I would suggest contacting an attorney if you are interested in...
That is a personal choice. Many seek the advice of an attorney because of the complex nature of a divorce. Your husband is likely looking out for his best interest at this point, not your and possibly not your children's. An attorney will be able to give you independent advice and have the knowledge and experience to better advocate for your interest.
Furthermore, as Joan Coulter said, you may be able to have your husband pay your attorney's fees.
As a stay at home mom, you also may...
Your ex wife (probably through her attorney) may try to introduce the recording. It is at the discretion of the Court whether they will be allowed in based on the judge's application of the rules of evidence.
It is not outrageous to express your concern with her unwillingness to comply with a court order, nor to seek judicial relief if she is violating a court order - assuming that is all that the tape contains. Frankly, you should consider filing a contempt motion if she is not complying...
Yes. The current situation does not affect the arrearage (over due court-ordered support), so the money is still due - most likely to you to support your daughter, not to your daughter directly. I would suggest contacting an attorney about filing a contempt motion.
As Mr. Pedano said, child support continues to the party awarded (your mother) until there is a modification or as long as you are enrolled sufficient hours (full time) or working sufficient hours and enrolled part time. Additionally, there is a requirement to prove enrollment and the rule changes if the child has special needs. Support would also cease if the child is emancipated.
The amount of money any party makes make would not affect the payments unless there is a modification.
The rules regarding recording a conversation vary from state to state. In Missouri, single consent is required, judged by where the person consenting is located. So, Person A, in MO, could record their phone conversations with Person B, in MO or anywhere else, without telling Person B about the recording or getting consent. They may be able to use the information against you. Being able to sue and successfully suing are two different questions. An attorney would have to know more...
You may be able to get your record expunged, however, it is unlikely that you will be able to become a police officer with a felony in your background. There are attorneys that can help you with the expungement process.
Under Missouri Law, there is a rebuttal presumption of paternity in certain situations (see below). This type of situation can be complicated. You may consider contacting an attorney to assistant you in this matter who practices in area of family law.
"Presumption of paternity--rebuttal of presumption, standard of proof.
210.822. 1. A man shall be presumed to be the natural father of a child if:
(1) He and the child's natural mother are or have been married to each other and the child is...