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Catherine Earnshaw-Hobbs

Catherine Earnshaw-Hobbs’s Answers

54 total

  • What is the likely hood of unwed father getting custody of my newborn, we live in different states.

    together for 3 years and found out I was pregnant he bailed. I tried to contact him at his residence and he had me arrested for trespassing. He has signed a statement stating he has no interest in the child, he will pay child support and to leave...

    Catherine’s Answer

    In order to establish paternity of a child born out of wedlock, you need to file a paternity action. That action can be used to set up child support and custody as well as have the court make a formal determination of your child's paternity. If there is a dispute about where the child should primarily reside, the court will look to determine who has been taking care of the child and how good a job they have been doing to help the court in deciding on the best interests of the child.

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  • Can I rebut marital presumption & establish paternity?

    I have a child who was conceived and born during a marriage. They were separated but he lived in the home, left then came back before the child was born. He knows my child isn't his (not assuming) but has taken on the role as the Father. Child ...

    Catherine’s Answer

    The only effective way for you to have your legal rights to see your child set up is through a paternity action. That your child's mother is married to someone else doesn't enter into the equation. You should be aware that in the process of a paternity action, it is likely that your obligation to support your child will be set up and you will be required to pay child support.

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  • My ex-husband stopped carrying insurance coverage on our son. What can I do?

    Myex-husbandandIwenttocourtoveracustody/movedisputelastyear,Ihadtomove2hrsawayformycurrenthusband'scareer.Idoallofthetraveling,heseesoursononeweekendamonth/summer.Hedoesnotpaychildsupport.Hisoneresponsibilityistocarryinsuranceonourson%100,butheaba...

    Catherine’s Answer

    I agree with the other attorneys with regard to trying to work it out with your ex. Once he has another job, hopefully one with some benefits, you can ask the court to enter a qualified medical child support order that directs his employer to enroll your child - at your ex's expense - on health insurance and provide you with the information you will need to get coverage. You can also contact the state and ask for enforcement administratively to force him to provide coverage. Sometimes that works well, other times it doesn't.

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  • I am separated from my spouse, he amended 2010 taxes and there is a large refund coming back. Am I entitled to any of this?

    My husband and I are currently separated, he amended the 2010 taxes and we are receiving a large refund. The only reason I know this is because i received a notice from the IRS about it and it happened to be forwarded to my new address and not the...

    Catherine’s Answer

    If a dissolution of your marriage has been filed, then the answer is "maybe". Whether you would be entitled to share in his income tax return will depend upon a number of other issues. First, if the income tax refund is spent on marital debt then the courts will say that you are actually benefitting from it because it's spent on marital debt (which is also divisible). Beyond that, you need to consult with an attorney to determine how much of the refund is actually divisible in the event you file for a dissolution of your marriage.

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  • Is there such a law , that your spouse gets half of your salary for good after been married for 10 y then divorced ?

    I have been trying very hard to keep our marriage but its not working, my husband has a part time job but i went to school and i have a good job, and we were living together for almost 12 years now, we have a house together and that's all, I have ...

    Catherine’s Answer

    The calculation of maintenance in Missouri isn't based on a set percentage of either party's salary or other income. There is a 2 part test. The first question to be answered by a court is whether the party who wants to receive maintenance needs the help. The second part of the test is whether the other party can meet his/her reasonable needs and still have income left to assist the party needing assistance. After that there are other considerations that can, but not necessarily do, come into play. Your best best for a definitive answer that meets your personal needs is to consult with an attorney.

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  • Will I be penalized if i use the money i received from my divorce awarded to me from my ex-husband IRA account. ?

    I was awarded 61K from my ex-husband IRA former his former employer pension plan. Will i be penalized and have to pay taxes or will my husband have to pay the taxes on the funds before they are transferred to me. I want to use the money to buy m...

    Catherine’s Answer

    You will have to pay ordinary income taxes on your withdrawal. If you are not yet 59 1/2 years of age, you will also have a penalty. You need to consult with your financial advisor to find out how much your taxes will be.

    As a general rule, the provider of the IRA will withhold 20% of the distribution. You need to check with your financial advisor to see if you are old enough to avoid the withholding.

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  • Are there lawyers who help low income people with divorce and child custody??

    I need a lawyer to get my divorce started. There is one child between us. My ex keeps threatening to take my kid away. I have low income and cant afford a chunk of money out of my pocket. I just want to be legally done with him and make sure my c...

    Catherine’s Answer

    The Missouri Supreme Court has a site to help people who want to represent themselves. I have posted it below. By all means check that out.

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  • Can I get a annulment if I married an illegal citizen for 2 months

    I got married in Jackson co Missouri and he is illegal can I plz get an annulment

    Catherine’s Answer

    The answer to your question is it depends. In order to get an annulment in Missouri, the general rule is that there needs to have been some fraud done to you. For example, if you want to have children and your spouse represented to you that he wanted children until after the marriage - then said he didn't really mean that he wanted children. For most people, that would be a deal breaker - and it would be grounds for an annulment.

    Also, if the marriage cannot be consumated, that would be grounds for an annulment if before the marriage you thought that was possible.

    If your spouse represented to you that he was a legal resident or a citizen AND it is a deal breaker for you if that was a misrepresentation, that MIGHT be enough for you to get an annulment.

    If there was no misrepresentation, then you will need to get a dissolution of your marriage. If you want a lawyer to assist you, you should seek an attorney who is willing to do limited representation to draft the necessary documents.

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  • Can a 17 year old become emancipated without the consent of a parent in the state of MO?

    She doesn't want to move to New Jersey with her mother. That as far as I can tell her only reason for this.

    Catherine’s Answer

    No, she can't. She will become emancipated in Missouri as of her 18th birthday.

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  • How can i go about getting a divorce when i can't find the person i am married to?

    my legal husband lives in california i live missouri i have had no contact at all with him what do i do

    Catherine’s Answer

    First you must attempt to find him. You will be required to tell the court what steps you went through to try to find him. Assuming you made enough of an effort, you can then file and request that service be done by publication. You cannot bring your action before the court until at least 45 days after the first date of publication. With a service by publication, you will only be able to get a divorce - the court won't have jurisdiction to divide up property or make any orders regarding any children.

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