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Catherine Earnshaw-Hobbs

Catherine Earnshaw-Hobbs’s Answers

54 total


  • Child Support Modification Question in Missouri

    I have a daughter from a previous relationship that is now 9-years-old. I have been paying $287 a month for her since her birth in 2004. I'm also ordered to pay health insurance and it is taken out of my paychecks by my employer for me and for her...

    Catherine’s Answer

    Unfortunately, the current rule in Missouri is that you are the parent filing for a change in child support, you do not get to have an adjustment for other children in your household. You may want to consult with a family law attorney, however, to see if your child support amount can be reduced, even not taking the children you have with your present wife into consideration.

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  • My ex filed a bk and it was dishcarged. She included the mortgage we had together. Is she still responsible for the mortgage?

    The home was awared to me in the divorce. I also filed a bk and it was discharged as well, however I did reaffirm of the mortgage. Does the bank need to take her off the note?

    Catherine’s Answer

    The bank doesn't need to take her off the note for you to still be liable for payments under your reaffirmation. She, however, is not liable after her bankruptcy unless she also reaffirmed (which is not likely)

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  • Can a registered sex offender adopt a child?

    My partner and I are thinking of adoption down the line and I wanted to see if it was even a possibility.

    Catherine’s Answer

    As a general rule, no.

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  • I was victim. If I don't appear as witness, will court drop the charges on the perpatrator?

    Domestic Violence, Assault, Misedeamenor. Perpatrator incarcerated for 2 weeks. I would have to travel 1200 miles to testify in Court. I do not wish to continue. If feel the perpatrator was duly punished and want P.A. to dismiss charges. If I...

    Catherine’s Answer

    Not necessarily, although if you are the complaining witness and don't show up for court, it is likely that the defense attorney will ask the court for a dismissal - and it is likely that the court will dismiss unless there are other witnesses the prosecutor can call to make his case.

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  • Would it be possible for me to get full custody of my son?

    My son's father is being charged in two different counties in Missouri, Greene and Christain, with multiple felonies, including 7 Possession of Controlled Substance (Christain County), Wire Theft (Christain County), Unlawful Use of a Weapon (Chris...

    Catherine’s Answer

    First of all, there is no such thing in Missouri as "full custody." In Missouri we have sole legal custody and sole physical custody. The procedure is to file an action in paternity. While you can do that yourself if you wish, it will be easier for you to hire an attorney to help you - either on a full representation basis or on a limited representation basis.

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  • My husband has custody. I pay child support. He will not let me see my son. What can I do? I was not informed of the court date

    I was not informed of the court date for custoday. Never was sent papers for court. At times I can call to talk with him, but my ex husband will not answer my calls at all.

    Catherine’s Answer

    First you need to get a copy of the judgment from the clerk of the court so you know what visitation you are supposed to be getting and what kind of involvement in your child's life you're supposed to be getting. With that, you can then contact your ex and ask for your rights - or if he keeps not answering your calls, you can go back to the court and file a Family Access Motion. I have included a link below to the Supreme Court's self-representation site for the Family Access Motion. Good luck.

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  • My child's father signed her birth certificate. Now, he's not involved at all in her life. How do I ensure custody sole custody?

    My daughter's father had been involved in her life off and on for the first few years, now he has no contact with her. He has not contacted me in over 3 years. I want to make sure that I have sole custody of her because her has no interest in bein...

    Catherine’s Answer

    There is no way to ensure that you will get sole legal and sole physical custody with your child's father having no contact with her. Even for parents who have issues such as alcoholism, drug abuse and multiple police contacts, the preference of the courts - and the legislature - is to allow them to have some contact with their child(ren). If your daughter's father poses a danger to your daughter - either physically or emotionally - and you can prove it to a judge, you may be able to have all of his visitation supervised. In Kansas City, there is a program called "Connections" that supervises parents who are deemed to be a danger to their children.

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  • I am a Virginia state resident and recently moved with my daughter to Missouri, can I file child custody paperwork in Missouri?

    I plan on becoming a Missouri state resident.

    Catherine’s Answer

    Missouri - like most states - has a law called the Uniform Enforcement of Child Custody Act. If you have a current order from the Virginia courts setting custody for your child, you may want to talk to a Virginia family law attorney first to find out what Virginia's position is with regard to losing jurisdiction over your child. If there is no order in place at this time, Missouri will not get jurisdiction for six months after the date on which you establish your residence here. If there is a Virginia order and the other parent remains in Virginia, it is likely that the judge here and the judge in Virginia will have to talk to decide who has jurisdiction to hear a custody action with regard to your child.

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  • Does a non-custodial parent automatically get custody of child if the primary custodian dies?

    My 16 year old son lives with his mother in a different state and has for the past 2 years (before that we lived in the same town). She is having some health issues and wants me to sign a paper that if she dies my son can remain with his stepdad ...

    Catherine’s Answer

    You need to talk to a probate attorney in the area where you former wife and your son reside to find out what the law is in that jurisdiction.

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  • What do we have to do???

    hello, My name is Summer Odell, I have recently talked to my husband about his two kids. his ex wife and him have had a divorce six years ago...in the divorce paper work...it basically says that he can see him kids when she deems it. im not cl...

    Catherine’s Answer

    The Missouri legislature has mandated that certain very specific parenting issues - including on a general basis time the nonresidential custodian gets to see the children, all things being equal. If there is truly no specific parenting time in the judgment - and if there are not findings in the judgment as to your husband being a risk for his children, he can take the parenting arrangement back to the courts to ask for specific times to see the children. Assuming the court sets out specific parenting time, he would then be able to avail himself of the Family Access Motion procedure to force the issue of him seeing the children. He may want to discuss the issues of the parenting plan with a family law attorney in your area and seek assistance from him/her in drafting the appropriate initial documents.

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