Joshua T. Mathews’s Answers

Joshua T. Mathews

Shawnee Mission Divorce / Separation Lawyer.

Contributor Level 13
  1. If i filed a Chapter 7 four years ago am i eligible to file a chapter 13?

    Answered almost 2 years ago.

    1. Gary D. Bollinger
    2. Joshua T. Mathews
    3. Steven Anderson Leahy
    4. Dorothy G Bunce
    5. Michael Avanesian
    6. ···
    6 lawyer answers

    Mr. Leahy's answer offers good, concise information for you. Also, look to the guide provided by Mr. Bollinger for a more complete answer.

    7 lawyers agreed with this answer

    1 person marked this answer as helpful

  2. Can my ex-husband terminate his parental rights?

    Answered almost 2 years ago.

    1. Joshua T. Mathews
    2. Paula Brown Sinclair
    3. Diane L Gruber
    3 lawyer answers

    Ms. Sinclair is absolutely right. Voluntary termination is a widespread and common myth, and we probably get 3-5 calls about it per week. The court, however, will not voluntarily allow someone to terminate their rights, unless they are bringing evidence to court that the State should have already terminated their rights, but just hasn't gotten around to it. Examples would be convictions for violent assaults, abuse of a child, etc. The only way someone voluntarily terminates their rights,...

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  3. Wanting to do paperwork on our own, what exactly are all the things we need for divorce, alimony, and child support?

    Answered 23 days ago.

    1. Joshua T. Mathews
    2. Sigismund J Wysolmerski
    2 lawyer answers

    Unfortunately, nobody can give you a complete list. While practicing law isn't exactly the same as performing surgery, it does have its parallels. Each step will depend on specific circumstances, and the result of each step will lead to a myriad of options from there. Divorce isn't like marriage. Marriage is essentially a contractual process, and once you have the paperwork and have been approved, you can be married. Divorce requires a finding by a court that the parties are...

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  4. Nunc pro tunc divorces in Missouri?

    Answered 27 days ago.

    1. Joshua T. Mathews
    2. Scott Allen Hamblin
    3. Thomas James Daley
    4. David P. Senkel
    4 lawyer answers

    The short answer is "no," and for several reasons. 1. Missouri does not retain jurisdiction just because something was filed here previously. That case was dismissed, and has no bearing on the current status. 2. Nunc pro tunc is a process for fixing a clerical error in a judgment, (i.e. the year was wrong in the pleadings). It cannot be used for substantive changes. Husband will have to file for divorce where either he or the wife are living currently, and it will be a new case....

    3 lawyers agreed with this answer

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  5. Will I be able to get full custody when my child is born?

    Answered 2 months ago.

    1. Joshua T. Mathews
    2. Carrie Beth Williamson
    2 lawyer answers

    There is no "full custody." There is sole custody or joint custody, but that only refers to the rights of a parent to be involved in decisions regarding health, education and welfare. Dad will get some kind of visitation, whether it's supervised or limited time, but "custody" won't have anything to do with it. As for your prior work, it really doesn't matter. The court may have concerns about lifestyle choices that often appear in that line of work, (drugs, etc.), but the job itself is...

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  6. Appealing a divorce with children

    Answered almost 2 years ago.

    1. Joshua T. Mathews
    2. C. Curran Coulter
    3. Richard Edmund Hawkins
    4. Benicia A. Baker-Livorsi
    4 lawyer answers

    The difficulty with this question is that we all want to get into the legal requirements surrounding an appeal, because that is a very unlikely direction for her to take. The truth is, it doesn't matter whether she appeals, or simply files a motion to modify custody. Either way, she is going to have to show that what she wants is somehow in the best interest of the child. Since you've had sole custody for three years, and she was absent for a significant period of time, it would pretty...

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  7. Divorced granted but decree was not ready for judge to sign. Can this be legal?

    Answered almost 2 years ago.

    1. Joshua T. Mathews
    2. Daniel Seth Williams
    2 lawyer answers

    Mr. Williams already gave a good answer to your question. It is not unusual for a decree to be submitted after court. Also, keep in mind that Johnson County, Missouri uses visiting judges, who have offices and responsibilities in other courts. So, even once it is submitted, it can take a little while for the judge to sign. Contact your attorney and ask when it will be submitted. Once it is submitted, you can start watching casenet to see when it is signed.

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  8. I live in Missouri and have filed bankruptcy, chapter 7, my son and my mom had put my name on the title of their vehicles.

    Answered over 1 year ago.

    1. Joshua T. Mathews
    2. Kathleen Z. McIntosh
    3. Matthew Scott Berkus
    4. Dorothy G Bunce
    4 lawyer answers

    I assume that you have an attorney for your bankruptcy. This is a question to ask him/her. If you are unrepresented, you will have a VERY difficult time presenting the proper evidence to avoid those assets being included in the bankruptcy in some fashion.

    3 lawyers agreed with this answer

  9. If a divorce judgment is appealed, does that automatically stay the property division in the judgement?

    Answered over 1 year ago.

    1. Joshua T. Mathews
    2. Patrick William Pedano
    3. Harry Edward Hudson Jr
    4. Benicia A. Baker-Livorsi
    4 lawyer answers

    Mr. Hudson is right. It depends on what has been filed, and whether any orders have been entered regarding the appeal, or a temporary "stay." Hopefully you are represented in the appeal, too.

    3 lawyers agreed with this answer

  10. How do I get a copy of my parenting plan in missouri

    Answered over 1 year ago.

    1. Joshua T. Mathews
    1 lawyer answer

    Call the court clerk in whatever county the case was heard. They will tell you how to obtain a copy.

    3 lawyers agreed with this answer