Benicia A. Baker-Livorsi’s Answers

Benicia A. Baker-Livorsi

Saint Charles Family Law Attorney.

Contributor Level 8
  1. Does my husband owe (Missouri child) support if his son is a college student but lives out of state year round? He is 20.

    Answered over 1 year ago.

    1. Benicia A. Baker-Livorsi
    2. Steven Parnell Weaver
    3. Mark Dean
    3 lawyer answers

    It is more than likely that your husband still owes support. However, Missouri does have some "quirky" language and it is possible the step-son failed to complete every hurdle and therefore there may be grounds to terminate support. Not only does your step-son have to take enough credit hours and pass those credits, he also has to notify your husband about his grades and upcoming course work every semester. You should make an appointment to speak with a lawyer about whether there are any...

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  2. How long do I have to appeal a probate court decision in MO?

    Answered over 1 year ago.

    1. M. Todd Miller
    2. James P. Frederick
    3. Lawrence Joseph Robertson
    4. Leonard Komen
    5. Benicia A. Baker-Livorsi
    5 lawyer answers

    Time is of the essence when it comes to Missouri appeals -- and probate cases are not different. You need a lawyer in order to properly appeal the probate court's rulings -- although you are allowed to represent yourself. The right to appeal any probate Judgment is purely statutory -- which means that Missouri legislators have to specifically give you the right to appeal the action you are challenging. Missouri probate law mandates that you file an appeal within 10 days of the date the...

    3 lawyers agreed with this answer

  3. Abusive Marriage with a child

    Answered almost 2 years ago.

    1. Benicia A. Baker-Livorsi
    2. M. Todd Miller
    2 lawyer answers

    Given your statements - you need to call a domestic violence shelter for a referral for some local attorneys and consider getting an order of protection for yourself and your daughter and filing a police report for the abusive actions he has taken recently. You might also consider calling his psychiatrist to report the change in his behavior. You need to have an exit strategy and a place to go lined up right away. DO not be afraid to call 911 if you or your daughter are in danger. In...

    3 lawyers agreed with this answer

  4. My ex owes 12,000 back child support is my daughter entitled to that money, even though is turned 21 and not working

    Answered almost 2 years ago.

    1. C. Curran Coulter
    2. Benicia A. Baker-Livorsi
    2 lawyer answers

    You have three options for collecting back child support in Missouri. The first is to hire your own attorney (which is the preferred action) and that attorney can file contempt motions against your ex as well as evaluate whether your ex has an assets which can be seized by the sheriff and sold off to pay the amounts owed to you. A private attorney can also assist you in calculating and determining the correct amount of interest due on the arrearages -- which is substantial at 12% a year (you...

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  5. I'm a father with sole custody of daughter . Mother is allowed hrs sup . visitation and phone calls .

    Answered almost 2 years ago.

    1. Benicia A. Baker-Livorsi
    2. Stephen Ross Cohen
    2 lawyer answers

    I disagree with the prior answer recommending changing your phone number In Missouri, most parenting plans require both parents to share their phone numbers and to allow frequent and meaningful contact with the other parent. That being said, you have the basics to speak with a Missouri family law attorney about modifying the current parenting plan provisions as to telephone contact. Don't attempt to do this yourself -- you will need a lawyer and you will need your latest custody order AND...

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  6. Nothing special tax-wise in my life, just looking ahead. Suggested reading re: taxes and divorce?

    Answered over 1 year ago.

    1. Richard Gordon Stack
    2. Evan A Nielsen
    3. Benicia A. Baker-Livorsi
    3 lawyer answers

    I agree with you being directed to Publication 504. There are a number of publications online as well -- I would direct you to this article for further reading... http://www.huffingtonpost.com/kathleen-b-connell/preparing-your-taxes-in-t_b_2911023.html Benicia Livorsi The Family Law Group, LLC Licensed in Missouri livorsi@lawyer.com 636-947-8181

    2 lawyers agreed with this answer

  7. Can i file for custody and child support my self?

    Answered almost 2 years ago.

    1. Benicia A. Baker-Livorsi
    2. M. Todd Miller
    2 lawyer answers

    As a Missouri child support paying parent, you have quite a few options -- some of which are a lot more affordable than the rates you have been quoted. It all depends on whether your ex-wife agrees the child is with you and has been with you and whether you want to make the change permanent. Keep checking with Missouri lawyers and see what they can do to help you. Benicia Livorsi (licensed in Missouri) The Family Law Group, LLC 636-947-8181

    2 lawyers agreed with this answer

  8. In filing joint custody is their a such thing as asking for to much time with your child?

    Answered almost 2 years ago.

    1. Henry Paul Elster
    2. Sherri Lynne Edwards
    3. Deborah G. Fiss
    4. Morghan L Richardson
    5. Benicia A. Baker-Livorsi
    5 lawyer answers

    There is such a thing as asking for too much time with a child but your schedule, based on what you have said, doesn't sound like anything more than an attempt at true joint custody and Missouri has a stated public policy that "frequent and meaningful contact with both parents" is in a child's best interests (absent negative factors like abuse, etc). It is important that you contact an experienced Missouri family law attorney for advice on your family. Benicia Livorsi The Family Law...

    2 lawyers agreed with this answer

  9. How can i get my son back in my Custody. From.couple of years ago

    Answered about 1 year ago.

    1. Benicia A. Baker-Livorsi
    1 lawyer answer

    Mam, you need to contact myself or any other attorney (and there are only a handle of us) who have a niche practice of interstate custody and support issues). In your case, you are describing issues affecting the Uniform Child Custody Jurisdiction Enforcement Act (UCCJEA) AND the federal Parental Kidnapping Prevention Act (PKPA). Unfortunately, only a handful of attorneys understand the nuances of this area of law. I don't know the specifics of your case but your statements that you had an...

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  10. I want to live with my mom. If she doesn't take me back when I am supposed o go back to my dad's can she be charged with kidnap?

    Answered over 1 year ago.

    1. Benicia A. Baker-Livorsi
    1 lawyer answer

    I am sorry that you, as the child, feel so torn that you are worried being with one parent instead of the other may result in a parent being arrested. Your mom has the option of hiring a lawyer and asking the Court to change the parenting calendar for you to reflect your current age and activities. Working WITH the system, by filing motions with the Court. is always the best course of action. I would encourage you to tell your parents how you feel and you can do so with them together. Some...

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    1 person marked this answer as helpful