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Catherine Earnshaw-Hobbs

Catherine Earnshaw-Hobbs’s Answers

54 total


  • Got divorced. did not receive papers for custody. He got custody. He was letting me see my child till recently, now wants me to

    set up monitored visitation. He has remarried. I pay child support. I get to talk with my child off and on. Help!!! Have not seen my child since Christmas. They gave all his clothes, toys etc to his new wifes older child. What can I do about all ...

    Catherine’s Answer

    Missouri has a procedure called "Family Access." The whole purpose of a Family Access Motion is to address the problems of parents who do not have the child(ren) living with them where the other parent is interfering with visitation. The really good thing about the Family Access Motion is that you don't have to wait forever to get a court date. The legislature has required that hearings happen very quickly.
    I have provided a link below to the forms you will need to represent yourself in court for the motion. Best of luck with your children.

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  • Am I in danger of losing Medicaid now that I have lost Supplemental Security Income. because of income from divorce decree?

    My understanding initially was that qualification for both is based upon being 100% disabled and poverty. My divorce decree maintenance is $26.00 over the "cut-off". Is there an income level from divorce decree modification that will terminate Med...

    Catherine’s Answer

    I have provided a link to the Missouri Medicaid website so you can determine whether you will be eligible for continued services. Since you were married for 34 years, and are 62 years of age, you should be able to receive a spouse's portion of your husband's social security benefits. There are a number of social security offices in the Kansas City area.

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  • Will a quit claim deed to remove a spouse from the house all I need before the divorce is final?

    Married seven years and getting a divorce but want to sign a quit claim deed to make my husband leave now. Is that legal.

    Catherine’s Answer

    A quit claim deed will not remove your husband physically from your home. What it will do is remove the name of the party signing the deed from the title to the house. If you are the person signing the quit claim deed, you will be removing yourself from the title to the house. If you are wanting to dissolve your marriage, that may or may not be an appropriate thing for you to do.

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  • Need help out of a marriage

    I in desprite need to get out of this marriage. He is very controlling. I finally had enough of him,. Wanted to leave him but he told me i could take my 5 yr old son with me. He is forcing me to stay because of our son. I need to know my rights. I...

    Catherine’s Answer

    You have a couple of choices that a quite cost effective. The first is to take advantage of the Missouri Bar's Lawyer Referral Service and the second is to use the forms for self-representation that have been issued by the Missouri Supreme Court.
    Since you have questions that you want to have answered first, you may want to avail yourself of the Missouri Bar Lawyer Referral Service. After you have consulted with a member attorney, you will be in the position to make the decision as to whether (and how) you can afford representation - either on a limited basis or on a full representation basis (the lawyer can explain those to you).
    If you decide to use the Missouri Supreme Court's forms for self-representation, you will need to download the forms, complete them and file the petition and other forms.
    I hope this helps and wish you well.

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  • What does it mean when the judgement reads Description: Judgement on Dissolution Against: My spouses name

    This is on Missiouri case net

    Catherine’s Answer

    All it means is that that's the way the attorney (or lay person) drafting the judgment decided to style it (meaning decided to call it). The important word in a document that grants a dissolution of marriage. That document is required to be called a "Judgment". Sometimes it is called Judgment and Decree. I've never seen the denomination "Judgment on Dissolution Against ..." but since the word Judgment is contained in the heading, there is no reason I can see that would make it inappropriate to grant a dissolution of marriage.

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  • Qualified domestic order is prepared, spouse won't sign. What can be done?

    Divorce decree stipulates that QDRO be prepared and pension fund of spouse split 50/50. I prepared the QDRO which is approved by the spouse's company but the spouse does not want to sign. Have contacted him numerous times with request to sign via...

    Catherine’s Answer

    Your spouse doesn't need to sign a QDRO for the plan administrator to approve it. If you are having difficulty getting the court to enter the QDRO, you may need to file a motion asking them to do so. Sending the plan administrator's review letter to the court - or sending copies of the emails you have received from - or sent to - your spouse won't have any effect at all.

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  • When letting my son in law have the kids for his visits he will send his new wife to get them instead of getting them himself.

    he has been behind in support and has not had insurance on them, they kids don't want to go but are being force by him to go , do we let his wife pick them up or should it be him

    Catherine’s Answer

    Unless the court's order restricts the wife from picking up the children, she can pick them up for the visit.

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  • My ex-husband is not carrying insurance on our child. What can I do?

    Our son has some health needs and my ex-husband abandoned his job. He will not get cobra or insurance through the temporary work agency he is now employed at. He does not pay child support or contribute. Our agreement stated he is 100% responsible...

    Catherine’s Answer

    The Missouri Family Support Division can help you with the payment of child support. In most counties, if the paying parent is seriously in arrears, they can also contact that county's prosecuting attorney for assistance in getting the paying parent to actually pay the ordered child support. Additionally, where the paying parent is ordered to carry medical insurance for the child, they should be able to help you get that set up. As a caveat, you may want to explore the possibility of having a change in your child support judgment so that any credit your child's father has for the health insurance cost is removed, so that you can be sure that your child actually has medical insurance.

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  • How can my daughter get back child support owed to her of over $50,000?

    To avoid wage garnishment, her father started his own business and is a specialized pediatric surgeon. So, the child support once garnished is no longer taken from his wages. Plus, he now claims to only make about 1/3 of what he previously earne...

    Catherine’s Answer

    You may want to contact an attorney - or the prosecutor's office in the county in which he lives - in Arizona. They can advise you of what information they will need in order to force your child's father to pay the owed support.

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  • How difficult is it to get child support and custody of a newborn born in another state than father?

    father had nothing to do with pregnancy or birth. Just had baby a few week ago and he's not made contact or does he care. I have tried to contact him throughout pregnancy with legal and mediation and he refuses. To better my chances of custody ...

    Catherine’s Answer

    If your main concern at this point is getting child support and health insurance for your child, you may want to contact the Missouri Division of Family Support. The other avenue that is open to you is to file a paternity action to have the father officially declared and set in custody, visitation and support for your child. I have added a link to the Missouri Family Support Division for your use if you decide to use the administrative route

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