Why should I pay full child support when I have the kids more?

Question: My three kids are with me every Friday-Sunday and sometimes more. It’s been this way since the divorce four years ago. I pay full child support. Is there a modification available since I have my kids half of the time?

Can DHS Take My Husband’s Son Without Consulting Him First?

Question: My husband has a son from a previous relationship. The mother of his child has refused to let him see his child for the last two and a half years. Now we have found out that my husband is being charged with neglect of the child, and that the …

Should I have to pay for daycare when I’m able to take care of the kids but my ex won’t let me?

Question: My kids have multiple school breaks through out the school year. Our divorce decree states that we will split the breaks 50/50. During the last 2-week break, I had my kids the first week and she had the second week. I took time off from work to be with …

Child Support Modification Time

When the judge in your case determines your original child support obligation, the considerations may be dictated by statute, determined by the circumstances of your case, or a combination of factors. These initial considerations may affect how future evaluations of your child support obligation are reviewed. The following points are …

Child Visitation Modification

When your court order doesn’t provide the best visitation schedule – The initial amicable divorce process usually will have several major issues to be resolved regarding the finances, property, and children. As the multiple issues are resolved through agreement or court ruling, the issue of the physical custody or visitation …

Unclean Hands

Since the time your Decree of Dissolution was entered, you learned your ex just received a $20,000 raise at work. You also noted that she hasn’t reimbursed you for her half of your child’s select soccer fees. Is now the right time to come back to Court to get your …

But, He Is A Wonderful Father

I was recently involved in a rather contentious settlement negotiation with my client, his ex-wife and her attorney. The issue involved the proposed elimination of my client’s child support obligation to his ex-wife for their child. While my client’s income increased modestly since the date of the Decree, his ex-wife’s …

When Child Support Can No Longer Be Afforded

If you find yourself in a situation where you can no longer make your court ordered child support payments, what do you do first? The first thing you need to do, is find out what the requirements for modifying a child support order are in your state. Most states will …

Substantial Change vs. Best Interest

A recent case in Missouri is headed to the Missouri Supreme Court to try and quell the debate about what the appropriate standard should be to modify custody orders in Missouri. In most of Missouri, at this moment in time, it appears to be all about the label.

Understanding Discovery: Preparing for Depositions

Under the law, your opposition in a divorce or modification proceeding is entitled to question you under oath prior to trial. The testimony is taken by an authorized court reporter and then typed up for use at trial. This process is called a deposition.