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Dads Divorce - Free custody and alimony advice for men and fathers.

Providing essential divorce, alimony, custody and support information and resources to men at any stage of divorce.
Tags >> MO
Oct 07
2009

Ask a Lawyer: Tuition

Posted by Dads Divorce in MO , Maintenance , Child Support , Ask A Lawyer

Question:

My husband and I live in Missouri. His kids live with their mother in Illinois. Both kids attend public school. The bio-mom got married and moved the kids into a new school district. One attends school in the new district and the older one is still going to the old school with her mother paying out-of-district tuition. She expects us to help pay this also. We refuse to pay tuition for public school because she moved. The divorce papers clearly state that "the children will attend school in the district that the mother resides". The bio-mom is taking us to court over the matter. We, of course, have to pay an attorney in dealing with this. Our attorney says that she has "no leg to stand on" with this matter and we won't be forced to pay tuition. We would also like to recoup the attorney fees from her to teach her a lesson that she can't sue us just to get more money from us. My husband pays 28% in child support and also pays 1/2 the medical, school fees, and extracurricular bills. He rarely has any money left over to do anything with his kids when he sees them. Your opinion would be greatly appreciated.

Answer:

I think your attorney is correct. Also, be sure that you have requested attorney's fees in this matter.
Sep 07
2009

Ask a Lawyer: How to get the support to stop

Posted by Dads Divorce in MO , Maintenance , Child Support , Ask A Lawyer

Question:

I live in Missouri. My divorce is over 10 years old. I have joint custody and have my wages garnished to pay $600.00 per month. There are three boys on this order. The oldest moved in with me when he was 18 until he turned 20. He attempted to go to College but has now turned 21, lives on his own, supports himself etc. His $200.00 per month continues to go to his mother, who doesn't support him. Since the original order is a general order not specifying an amount per child, how do I get the court or DFS to stop garnishing the full $600.00 per month? Soon the second child will be 21 as well. Do I have to pay the $600.00 per month until the youngest is 65 or what? The order doesn't seem to have any cut-off time. Does the state not have any laws about this? I have faithfully paid over $80,000.00 in the last ten or so years.

Answer:

If there is no specific breakdown per child then the full amount will continue to be withdrawn as child support. You may want to check what your current child support obligation would be before you seek to have a more specific order put in place. Based upon the length of time since your order was entered, most likely your child support would be more than what you are currently paying. Please check that information first. As far as the cut off, it is 22 if the child goes to college full time. If not, then 18 or high school graduation.
Sep 07
2009

Ask a Lawyer: age of majority

Posted by Dads Divorce in MO , Maintenance , Child Support , Ask A Lawyer

Question:

My divorce decree states payment to be made until age of majority. What is the age of majority in Missouri?

Answer:

I do not practice law in Missouri. The age of majority for child support purposes varies from state to state. In some states it is 18. In others it extends to 19 if the child is still in high school. Still in other states the age of majority is 21. Contact an attorney in your state to determine the date of majority in your state.
Sep 01
2009

Ask A Lawyer: Is There a Time Period to Protest New Deeds?

Posted by pmcmahon in Spencer Williams , property issues , MO , fraud , Cordell Cordell, PC , Ask A Lawyer


Question:

My father owned property prior to his second marriage which began 10 years ago. Three months ago, his 2nd wife told him that if he wanted to save their marriage, he would put her name on the deed. He's a sucker. He also signed for a new car for her.

She filed for divorce approximately 2 months after the deed and 1 week after getting the car.  Is there any sort of time period in which the new deed can be protested?

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