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Catherine Earnshaw-Hobbs

Catherine Earnshaw-Hobbs’s Answers

54 total

  • Can I fix my husband papers?

    Hi, I am an American citizen (born and raised) as well as a Mexican Citizen,I have double nactionality. I got married in Mexico as a Mexican Citizen. I would like to fix my husband papers( he has never been to the U.S.)What can I do?

    Catherine’s Answer

    You need to consult with an immigration attorney.

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  • HOW DO I GET A CUSTODY MODIFICATION?

    I have recently found out that my ex husband has a drinking problem. I have 2 children ages 13 & 15. My ex husband has primary custody. My daughter tells me how horrible it has become at their house as her father is getting intoxicated on a daily ...

    Catherine’s Answer

    If you want to modify your parenting plan, the place to start is with a family law attorney. Most of the time, if parents share joint legal and joint physical custody of children, the question ends up being one of rearranging the parenting time.

    If what you are looking for is a significant reduction in your former husband's parenting time, that is a complicated matter - and one that it would be best for you to consult with a family law attorney about prior to taking any action.

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  • Is there anyway to obtain Power of Attorney for a parent, when the parent that had Power of Attorney is deceased?

    My father is in a nursing home and has alzheimers, he is incapable of placing me as his power of attorney. My mother was his power of attorney but has passed away. I need to obtain hospice care for him and my mother never put my sibling or I as ...

    Catherine’s Answer

    Unfortunately, now that your father's alzheimer's disease has made him incapable of making you power of attorney, that's not an option for you. In order for you to get the power to place him in hospice care, you will need to have him placed under probate guardianship. The procedure doesn't necessarily need to take terribly long as long as you and your sibling are in agreement with regard to what needs to happen.

    If you need to deal with your father's finances, you would also need to ask the court to make you his conservator. This can be done at the same time as a guardianship - as a part of the same paperwork.

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  • What are the laws about who moves out first and custody? if i move out first and take my son do i lose my rights to everything?

    i understand the laws are different in every state. i had a friend that lived in Ks and left her husband and moved out. His lawyer got her on abandonment and she got nothing in the divorce.

    Catherine’s Answer

    The general rule in Missouri with regard to property is that a marriage is like a partnership - meaning as a general rule the courts start at a 50/50 division of net marital assets (marital assets reduced by marital debt).

    With regard to children, the concern of the Missouri courts is the best interest of the child. That means different things for different families. In Jackson County (where you are), the judges will require parents who are having disagreements with regard to parenting their child(ren) to go to mediation to try to work out their different views as peaceably as possible. Even if mediation doesn't work, our judges try to work out a parenting arrangement that - from the evidence they hear - will work for the family (and particularly will work for the child or children involved).

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  • As the father with visitation rights. can the mother move far away. we now are less than a mile apart.

    we are doing a uncontested divorce with the children living with the mother and the father having visitation rights

    Catherine’s Answer

    After judgment in Missouri, you will note that the judgment has language in it that orders a parent who is moving to notify the other parent of the move that he or she has planned. If, after the judgment has been entered by the court, your receive such a notification, you need to contact an attorney immediately because there is a very short time period during which you can object to her moving with your child(ren). Any objection you make to the proposed move must be in writing and must comply with certain statutory requirements.

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  • How do I legally disown a 42 yr old daughter?

    I have spent the past 40 yrs being manipulated and emotionally abused and threatened by her. I am still young enough (61) and strong enough both physically and emotionally to protect myself from her but I do not want her to have any say in what h...

    Catherine’s Answer

    I'm sorry your daughter is treating you so badly. You need to consult with an attorney who deals in both estate planning and elder law so that you will know what documents need to be drafted and what steps you need to take to protect yourself.

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  • How do you write a proposed judgement for a name change to take to court the day of the hearing

    I am looking for the proper language for writing a Proposed Judgement. for the a name change for a minor child. I have a court date and have filed the necessary papers. Now I have the court date and it says I should bring with me a proposed ju...

    Catherine’s Answer

    You need to find an attorney in your area who is willing to provide limited representation services to you for the purpose of drafting the judgment. Then take your file to the attorney and have him/her draft the judgment.

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  • Child Support Case is going to District Attorney- what does this mean?

    I have full custody of my 2 children and my ex wife is behind over $13,000 in child support. The District Attorney's office took possession of the case from CSE and I have been checking it's progress online (case.net). But the terms and abbreviati...

    Catherine’s Answer

    • Selected as best answer

    When your child support case was taken over by the prosecutor's office, that means that criminal nonsupport charges have been filed against your former wife.

    Rule 68.5 of the local rules in your county requires financial documents to be provided - and the party to provide them has 60 days to do so according to the rule.

    Unfortunately, these matters just take a fairly long time to resolve. You probably haven't received anything from the prosecutor's office yet because it is unlikely that they have anything to report to you yet. Just be patient for the time being and check in with them periodically so your case gets the attention it deserves.

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  • How can I get divorce papers yesterday and already be 2 months behind on child support?

    I went to court on Aug 29th for a divorce and custody. On Nov 28th I received my divorce papers stating that I was to start paying child support in September and am already 2 months behind, how is that legal? The papers were signed on Nov. 26th an...

    Catherine’s Answer

    In Missouri, child support can be made retroactive to the date on which the petition was filed. From the sounds of your question, that did NOT happen in your case. What appears to have happened is that the court entered its judgment for child support effective on the court date - or the first of the month following the court date (since it was almost at the end of August).

    That means that you should have made your first payment for child support on September 1st, with additional monthly payments being due on the first of each month thereafter - which means that, as of today (December 2nd) you are probably 3 months past due if you haven't made any payments.

    The language about 50% additional support for being late is in most judments for child support that I have seen. The reason it's in there is so that the past due child support gets paid in a reasonable period of time.

    Your circuit clerk's office should have a form for a voluntary income assignment (no, it's not a garnishment) that would make it so that your boss will take your child support directly out of your check and send it to the Family Support Division's office in Jefferson City. Many dads find that having their child support come directly out of their check is a lot less hassle than sending the money to the state every month.

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  • My husband is rushing divorce. He wants to file him self. We greed that he wnill help me finacialy even after divorce.

    I dont trust him and I would like to know what happens if I dont sign the papers? I live in Missouri Jackson County. I am unemployed. He wants to sign over the house to me completely (that is the only posation we have) which is fine however I am a...

    Catherine’s Answer

    You don't have to sign any papers in order to be served in Missouri. Your husband can have a sheriff or other process server give you the divorce petition.

    You may want to contact legal aid to see if they have current funding for divorce actions. Their telephone number is 816-474-6750. If they do, and if you qualify under their terms, you can have them represent you.

    Another alternative that is available to you is to seek out an attorney who provides limited representation services. Under this option, you would only pay for those services for which you ask for assistance. It can be limited to drafting legal documents for you, answering your questions, or even appearing in court.

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