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Benicia A. Baker-Livorsi

Benicia Baker-Livorsi’s Answers

91 total


  • How can I get Child Support Enforcement to actually enforce an order?

    Non custodial parent has been finding ways to skip child support for a year...switching jobs every 6 weeks and then changing to contract pay via 1099. I consistently contact enforcement every month and get a completely different response every sin...

    Benicia’s Answer

    Send a written request to the worker on your case and his or her supervisor (you can get that by calling) detailing your history and requesting a PA referral for possible criminal review and enforcement. Small payments usually stops license suspensions so long as they are somewhat regular. However, defaulted payment agreements are a problem for the NCP. Income tax intercepts take time and if there is a new spouse that spouse can file a claim against a portion of the refund as an innocent spouse (another reason for delay).

    Benicia Livorsi
    The Family law Group LLC
    636-947-8181

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  • What can I do when mom refuses to take child to doctors

    My fiancee has a 9 yr old autistic child that needs medical assistance. He has 50/50 medical custody. Mom will only take child to psychiatrist and primary Dr for colds. He had never been to a dentist or had a well child check. We took child to ...

    Benicia’s Answer

    Set up appointments for when he has physical custody. If not possible then he needs to call a lawyer to discuss in detail. As the parent, he needs to make the calls.

    Benicia Livorsi
    The Family Law Group, LLC
    636-947-8181

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  • What can I do about a court date pending a class d felony for back child support?

    I've been unemployed for the past year and am back on child's support. Today I received a letter mailed to my parents address informing me of my court date for a class d felony charge for failure to support for 12 month. I did pay a $25 dollars pa...

    Benicia’s Answer

    You need to contact an attorney. Usually felonies are served by arrest. Are you sure you weren't served with a contempt? They can file contempt and criminal non-support at same time.

    If you are indigent you might qualify for public defender for both contempt and criminal charge. Call their office for help in understanding the charge.

    Note the charge time..were you unemployed or injured when they say you didn't pay and what did you pay during those precise months? Start getting records together and include gift receipts if you have them.

    Benicia Livorsi
    The Family Law Group LLC
    636-947-8181

    See question 
  • Can I complete & file an Affidavit for Termination of Child Support in MO?

    I live in MO where the child support case was initiated and my child/child's mother live in another state. She claims to not want or need my money or assistance and has support from various outside sources. Can I complete and send in the Affidavit...

    Benicia’s Answer

    The affidavit is for emancipation or chance in custody. You should have an attorney draft a consent modification for you.

    Benicia Livorsi
    The Family Law Group,LLC
    636-947-8181

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  • EX RECORD CALLS: Can my EX, record calls between Son and me? She is not a participant on the call. Missouri

    NOTES: *Missouri Parenting Plan and Residents *Mother has full legal custody, and we have joint physical *Calls are between Father and Son only *Missouri is a one party consent to record calls Background: *Last Monday, my ex-wife stated in...

    Benicia’s Answer

    I concur. Contact a local attorney and it is a violation of Missouri and federal law to record without one party consent. There are arguments about whether legal custodian can consent for child or if child can consent. Since she has legal custody she might be able to consent or your son can consent. The other option is you record back using the same tactics so your lawyer knows what is on those recordings. Call your lawyer ASAP!

    Benicia Livorsi
    The Family Law Group, LLC
    636-947-8181

    See question 
  • What happens with child support when one parent has one child and the other parent has the other child?

    My ex husband wants custody of my daughter to get out of paying child support. He has repeatedly told her she can have all these things because he won't be paying child support. He makes at minimum 2x what I make as I am on SSDI, would we each p...

    Benicia’s Answer

    Child support stays as is UNTIL you go to court to get it changed. Once someone goes to Court, the rules for split custody calculate child support for one kid from you and one kid from ex.

    Benicia Livorsi
    The Family Law Group, LLC
    636-947-8181

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  • If 2 parties has signed the prenup on Avvo, will it be considered a legal binding contract?

    My fiancé and I have started a prenup on Avvo and just wanted to know if anything else needs to be done with the signed agreement before we have our ceremony?

    Benicia’s Answer

    Usually an online document does not meet the detailed standards of disclosure and knowingly signed Missouri and many states require. If this prenup matters, have a lawyer who knows this law look it over. Each of you needs your own lawyer, you can't share one. i have had many prenups challenged when people download forms and write it themselves.

    Benicia Livorsi
    The Family Law Group, LLC
    636-947-8181

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  • Can I legally move my children to another state without their father's permission?

    I separated from my husband 2 1/2 years ago and he refused to move out of the house, so I did. We are not legally separated and have nothing in writing or any verbal agreement regarding the children. He lives in Illinois and I moved 45 minutes a...

    Benicia’s Answer

    I am assuming when you separated 2 1/2 years ago you moved from Illinois to Missouri. Since no divorce has been filed or entered, there is no law in Missouri prohibiting you from moving. How often you let him see the children is a custodial factor the Courts consider in deciding custody once one of you files for divorce or separation.

    Please note this is NOT legal advice directed towards you in an attorney client capacity.

    Benicia Livorsi
    The Family Law Group, LLC
    (636) 947-8181

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  • Do I have rights to visit my child as their biological father

    I got a girl pregnant, she is about 16 weeks along and having a baby boy. The mother and I live in different cities and only knew eachother about a week before conception so we are kind of strangers. I was charged with a felony about 2 years ago w...

    Benicia’s Answer

    I agree with Ryan but I would add that your felony charge may affect decision making. Certain felonies affect custody, by law. You did not disclose your actual charge in your question.

    You do not have any rights to see your child unless you see an actual judge. Do not sign the birth certificate without consulting a lawyer. Child support enforcement is barred by law from addressing custody so if you get notice of a child support action, call your lawyer ASAP.

    Right now, today, you have no rights but a lawyer can help you get those rights here in Missouri.

    Benicia Livorsi
    The Family Law Group, LLC
    (636)947-8181

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  • Is there a way to write up an agreed upon modification to a custody schedule that would be recognized legally?

    We have been in a custody battle for almost 5 years and played more cat and mouse games than I care to talk about. NCP now wants more weekends for visitation during the school year but currently gets 2/3 of the summer. Is there a way we can write ...

    Benicia’s Answer

    You can have an agreement written up and it must be approved by a judge in order to be binding. However, what you are correct in worrying about is Missouri's ban on self-modifying orders. In Missouri, orders are usually not enforceable if they can contain self-modifying conditions.

    There are ways around this rule, but you need an experienced family law attorney to draft such an agreement creatively to maximize its likelihood of enforcement and penalize challenges to its provisions.

    Benicia Livorsi
    The Family Law Group, LLC
    (636)947-8181

    See question