The Washington Post reported today that the District of Columbia is the latest jurisdiction to approve same sex marriages. Mayor Fenty signed the bill, paving the way for it to be sent to Congress for approval some time this spring.
If this action is approved by Congress, the District of Columbia will join Massachusetts, California and Iowa in permitting same sex couples to marry.
Friday, December 18, 2009
Monday, December 7, 2009
Children of deployed servicemembers suffer more emotional and behavioral problems
A new study published today by the American Academy of Pediatrics found that children of deployed servicemembers have a higher rate of emotional and behavioral problems than other children. The study involved children from age 11 through 17 and was based on interviews with 1,500 military families.
The study found that these children were twice as likely as children whose parents were not deployed to have symptoms of higher anxiety, such as becoming scared for no apparent reason or feeling like they could not be left alone.
According to a Wall Street Journal report, this study comes at a time when the military is struggling with a record number of suicides and divorces among military families.
If you see any change in your child's behavior, seek counselling through the servicemember's commanding officer or through the Family Resource Coordinator at your local base or post.
The study found that these children were twice as likely as children whose parents were not deployed to have symptoms of higher anxiety, such as becoming scared for no apparent reason or feeling like they could not be left alone.
According to a Wall Street Journal report, this study comes at a time when the military is struggling with a record number of suicides and divorces among military families.
If you see any change in your child's behavior, seek counselling through the servicemember's commanding officer or through the Family Resource Coordinator at your local base or post.
Tuesday, November 3, 2009
What do you look for in an attorney?
My legal assistant, Alex, is a student at University of Central Missouri studying business administration. One of her current classes is in quality assurance. As a part of the class, she has asked me to ask you to complete her class questionnaire.
The question is - What do you think is most important in your decision making when you decide to retain - or not - an attorney. Alex has promised to give me the results so I can post them here.
Click here to access the survey. Thank you for your help.
The question is - What do you think is most important in your decision making when you decide to retain - or not - an attorney. Alex has promised to give me the results so I can post them here.
Click here to access the survey. Thank you for your help.
Thursday, October 22, 2009
Missouri child support termination - big oops in the system!
What is supposed to happen when a child attains the age of emancipation (or is emancipated under one of the other rules set out in the statute) is that the custodial parent is supposed to notify the other parent that the child is now emancipated. There's a form for that. Custodial parent files the form with the court and sends a copy to the other parent. No problem.
If the custodial parent doesn't send the form to stop the child support, the paying parent can fill it out himself and send it in to the court. The paying parent then has to have the other parent served before the court can do anything with it - like stop the child support, for instance.
Here's where the plot thickens.
Imagine, if you will, that you are the parent receiving child support and you don't really want the child support to end. You know that the court will tell you to pay back the money that you were overpaid, but, since you don't have any money or assets (lawyers call these folks judgment proof), you don't really care.
For instance - child has now passed his 21st birthday. Actually child passed the 21st birthday a long time ago. And Mom is not about to file the affidavit of termination because it would terminate the child support payments and she rather likes having them come in. So Dad fills out the forms to stop the child support and sends them in to the court for processing and to get Mom served.
Mom ducks service. For a long time.
Dad has process servers stake out Mom's house - to no avail. (Mom's really good at ducking service.)
So, how does Dad get the child support stopped? That's the problem - there is no way that's been set up by the legislature for Dad to be able to stop the child support - even if the child won't see the sunny side of 25 again.
Now you might think this would never happen. You would - unfortunately - be wrong. It happens. Some of the judges will help lawyers do a work around - and they certainly deserve praise for their efforts. One would think, however, that a member of the legislature could put a bill in the hopper to plug this rather ugly hole in the statute.
If the custodial parent doesn't send the form to stop the child support, the paying parent can fill it out himself and send it in to the court. The paying parent then has to have the other parent served before the court can do anything with it - like stop the child support, for instance.
Here's where the plot thickens.
Imagine, if you will, that you are the parent receiving child support and you don't really want the child support to end. You know that the court will tell you to pay back the money that you were overpaid, but, since you don't have any money or assets (lawyers call these folks judgment proof), you don't really care.
For instance - child has now passed his 21st birthday. Actually child passed the 21st birthday a long time ago. And Mom is not about to file the affidavit of termination because it would terminate the child support payments and she rather likes having them come in. So Dad fills out the forms to stop the child support and sends them in to the court for processing and to get Mom served.
Mom ducks service. For a long time.
Dad has process servers stake out Mom's house - to no avail. (Mom's really good at ducking service.)
So, how does Dad get the child support stopped? That's the problem - there is no way that's been set up by the legislature for Dad to be able to stop the child support - even if the child won't see the sunny side of 25 again.
Now you might think this would never happen. You would - unfortunately - be wrong. It happens. Some of the judges will help lawyers do a work around - and they certainly deserve praise for their efforts. One would think, however, that a member of the legislature could put a bill in the hopper to plug this rather ugly hole in the statute.
Monday, September 21, 2009
Missouri lets dads contest paternity
A new statute allows dads to contest paternity in divorce and paternity cases.
Here's the way it works:
If you question the paternity of a child and get a paternity test that shows that the child is not your child, you will be allowed to ask the court to set aside the order that legally says you are the child's father. The challenge to the paternity order must be done within 2 years (2 years from late December if there's already an order).
If the dad is found really to not be dad, under the new statute, he won't be able to collect child support that has already been paid - no refunds. If there is an arrearage in child support, it appears that the arrearage will go away.
Here in Jackson County there are special dockets set up to handle these cases. At this point, as you might guess, no one really knows how many people will be effected.
One of the reasons no one really knows is that there is a question as to whether the statute applies just to people who have paternity judgments - or (and this is really the bigger concern) whether it also applies to folks who are divorce and have children.
It is likely that there will be a challenge filed sometime in the next several months - especially since so many families have to deal with the courts with regard to their children. Parents who have children outside of marriage already are in the position of needing to get DNA testing to verify the parentage of their children. It would be sad, indeed, if the courts extended the need for DNA testing to include everyone with children who is getting a dissolution of their marriage.
Here's the way it works:
If you question the paternity of a child and get a paternity test that shows that the child is not your child, you will be allowed to ask the court to set aside the order that legally says you are the child's father. The challenge to the paternity order must be done within 2 years (2 years from late December if there's already an order).
If the dad is found really to not be dad, under the new statute, he won't be able to collect child support that has already been paid - no refunds. If there is an arrearage in child support, it appears that the arrearage will go away.
Here in Jackson County there are special dockets set up to handle these cases. At this point, as you might guess, no one really knows how many people will be effected.
One of the reasons no one really knows is that there is a question as to whether the statute applies just to people who have paternity judgments - or (and this is really the bigger concern) whether it also applies to folks who are divorce and have children.
It is likely that there will be a challenge filed sometime in the next several months - especially since so many families have to deal with the courts with regard to their children. Parents who have children outside of marriage already are in the position of needing to get DNA testing to verify the parentage of their children. It would be sad, indeed, if the courts extended the need for DNA testing to include everyone with children who is getting a dissolution of their marriage.
Friday, August 28, 2009
Missouri AG helps consumers saddled with zombie debt
Zombie debt is debt that you don't owe anymore because it's been discharged in bankruptcy, the statute of limitations has run or you paid the debt. Just like the zombies in the late night scary movies, it's debt that refuses to die.
If you have a loan or credit card debt on which the statute of limitations has run and someone's trying to collect it - you have a zombie debt.
If you have a debt that has been discharged in bankruptcy that someone is trying to collect - you have a zombie debt.
If you paid a debt and someone's trying to collect the debt again - you have a zombie debt.
And, if you have someone trying to collect a debt that's actually owed by someone else - you may have a zombie debt.
Missouri Attorney General Chris Koster recently filed suit against a company called Professional Debt Management located in Kansas City and another company called Portfolio Recovery Associates, based in Virginia.
Attorney General Koster alleges in his lawsuit against these companies that they have been scaring consumers to try try to collect debts that the consumer has already paid and, in some cases, is trying to collect debts that are actually owed by someone else.
If you have been victimized by a zombie debt collector, contact the Missouri Attorney General's consumer protection office at consumer@ago.mo.gov.
If you would like to just give a shout out to thank Attorney General Koster for his efforts in protecting consumers against the predatory practices of zombie debt collectors, you can email his office at ag@ago.mo.gov.
If you have a loan or credit card debt on which the statute of limitations has run and someone's trying to collect it - you have a zombie debt.
If you have a debt that has been discharged in bankruptcy that someone is trying to collect - you have a zombie debt.
If you paid a debt and someone's trying to collect the debt again - you have a zombie debt.
And, if you have someone trying to collect a debt that's actually owed by someone else - you may have a zombie debt.
Missouri Attorney General Chris Koster recently filed suit against a company called Professional Debt Management located in Kansas City and another company called Portfolio Recovery Associates, based in Virginia.
Attorney General Koster alleges in his lawsuit against these companies that they have been scaring consumers to try try to collect debts that the consumer has already paid and, in some cases, is trying to collect debts that are actually owed by someone else.
If you have been victimized by a zombie debt collector, contact the Missouri Attorney General's consumer protection office at consumer@ago.mo.gov.
If you would like to just give a shout out to thank Attorney General Koster for his efforts in protecting consumers against the predatory practices of zombie debt collectors, you can email his office at ag@ago.mo.gov.
Monday, August 10, 2009
Responsibility for notification of emancipation
In Missouri, the parent who receives child support has a responsibility to notify the other parent when a child becomes emancipated.
Having just read that, you might think "well, who cares? If I can get my child's father to pay for a few more months, it will be a good thing. And besides, what's he going to do about it?"
Well, slow down. He has statutory remedies.
If you, as a parent receiving child support, decide to not let the other parent know when an event that terminates child support has occurred, you become liable to the other parent to repay him the amount of the child support that he shouldn't have had to pay. If there is another child in your family, that means that the child support amount will be adjusted back to the date of emancipation and the paying parent will be entitled to receive a credit.
So - think about this scenario. Your oldest child just graduated from high school and ran off and got married or joined the military or started working full time. Aha, you think, I can use the extra child support for the baby (who is, by now, 13 or 14 years old). So you don't tell the paying parent that he's no longer liable to support the older child.
A few months later, the paying parent finally figures out that the older child is emancipated and files a motion with the court to have that child declared emancipated and have the child support readjusted to reflect just one child. Aha, you figure - all I have to do is duck service and I can keep on receiving the child support for 2 children even though I'm only eligible to receive child support for one child.
That's what we call a bad thought - and an expensive one at that.
What really happens is that you are just delaying the inevitable. The older child is still emancipated (and just because you duck service for a while doesn't change that). When the service is completed, you will have more months for which you will owe the paying parent a refund.
Usually the courts will let you have the refund amount taken as a reduction in the child support you would otherwise receive for the remaining child, and then spread that over a period of months - or, sometimes, even years (depending on the age of the younger child).
So, if you had been receiving $500.00 for both of the children and the child support for just one child is $350.00, here's how it can play out: The older child becomes emancipated and you don't get served with a motion to terminate child support for 6 months. 6 times 150 is $900.00. So you owe the paying parent $900.00. Either you or your lawyer must then negotiate how that money gets paid out. And, if you delay the reduction to child support for just one child past the 6 months in my example, the amount of the difference (whatever number that might be) just keeps on increasing the amount you owe the other parent.
Having just read that, you might think "well, who cares? If I can get my child's father to pay for a few more months, it will be a good thing. And besides, what's he going to do about it?"
Well, slow down. He has statutory remedies.
If you, as a parent receiving child support, decide to not let the other parent know when an event that terminates child support has occurred, you become liable to the other parent to repay him the amount of the child support that he shouldn't have had to pay. If there is another child in your family, that means that the child support amount will be adjusted back to the date of emancipation and the paying parent will be entitled to receive a credit.
So - think about this scenario. Your oldest child just graduated from high school and ran off and got married or joined the military or started working full time. Aha, you think, I can use the extra child support for the baby (who is, by now, 13 or 14 years old). So you don't tell the paying parent that he's no longer liable to support the older child.
A few months later, the paying parent finally figures out that the older child is emancipated and files a motion with the court to have that child declared emancipated and have the child support readjusted to reflect just one child. Aha, you figure - all I have to do is duck service and I can keep on receiving the child support for 2 children even though I'm only eligible to receive child support for one child.
That's what we call a bad thought - and an expensive one at that.
What really happens is that you are just delaying the inevitable. The older child is still emancipated (and just because you duck service for a while doesn't change that). When the service is completed, you will have more months for which you will owe the paying parent a refund.
Usually the courts will let you have the refund amount taken as a reduction in the child support you would otherwise receive for the remaining child, and then spread that over a period of months - or, sometimes, even years (depending on the age of the younger child).
So, if you had been receiving $500.00 for both of the children and the child support for just one child is $350.00, here's how it can play out: The older child becomes emancipated and you don't get served with a motion to terminate child support for 6 months. 6 times 150 is $900.00. So you owe the paying parent $900.00. Either you or your lawyer must then negotiate how that money gets paid out. And, if you delay the reduction to child support for just one child past the 6 months in my example, the amount of the difference (whatever number that might be) just keeps on increasing the amount you owe the other parent.
Monday, July 20, 2009
Missouri's requirements for child support after high school graduation
We are now at the time of the year when recent high school grads start enrolling in their post-secondary classes. Here in Missouri, if a parent has been paying child support for that grad, now is the time to start looking at the state requirements to continue getting assistance.
High school grads who are planning on continuing their education are eligible to have child support continued - and get help with tuition expenses - under certain conditions. The first is that the student will be pursuing higher education. That can mean trade school, beauty school, massage therapy school - or it can mean college.
The student must be enrolled as a full time student (Missouri says that means 12 hours as a general rule). Or, if the student is working at least 20 hours a week, he or she can be enrolled in as few as 9 credit hours.
The student must give BOTH parents official notification of his or her classes. This is one of the requirements that gets a lot of push back. I frequently hear students complain about having to send an official notice of enrollment to the parent who's been paying child support. The statutes are quite clear, though - and so is the case law. Without the notification to both parents the student runs a significant risk of being ineligible to continue to receive child support. Occasionally, I have seen a court that will allow a student to ignore this requirement, but that is the exception to the rule.
The absolute deadline for getting enrolled and getting all the information to both parents is October 1st. If you wait past the date of enrollment, it's really easy to forget to get the official enrollment notifications to both parents. Much easier to do it all at the same time.
High school grads who are planning on continuing their education are eligible to have child support continued - and get help with tuition expenses - under certain conditions. The first is that the student will be pursuing higher education. That can mean trade school, beauty school, massage therapy school - or it can mean college.
The student must be enrolled as a full time student (Missouri says that means 12 hours as a general rule). Or, if the student is working at least 20 hours a week, he or she can be enrolled in as few as 9 credit hours.
The student must give BOTH parents official notification of his or her classes. This is one of the requirements that gets a lot of push back. I frequently hear students complain about having to send an official notice of enrollment to the parent who's been paying child support. The statutes are quite clear, though - and so is the case law. Without the notification to both parents the student runs a significant risk of being ineligible to continue to receive child support. Occasionally, I have seen a court that will allow a student to ignore this requirement, but that is the exception to the rule.
The absolute deadline for getting enrolled and getting all the information to both parents is October 1st. If you wait past the date of enrollment, it's really easy to forget to get the official enrollment notifications to both parents. Much easier to do it all at the same time.
Saturday, July 11, 2009
Divorce without going to court
Did you know that it's possible for some people to get a divorce in Missouri without going to court - not even once! It's true, although not widely known.
The way it's done is through something called an affidavit for a judgment of dissolution of marriage. An affidavit is a legal paper that spells out certain facts and swears they are true. In a divorce action, if both husband and wife agree to the facts, it's call a joint affidavit. If only one of the spouses is saying the facts are true, then it is the affidavit of just that spouse.
There are some rules that govern what is supposed to go in the affidavit. And there are rules about who can get their divorce by just filing paperwork with the court.
If you and your spouse have children together, you will not be able to get a divorce with just an affidavit in many courts - even if both of you have attorneys. If one of you does not have an attorney, you won't be allowed to get a divorce by affidavit.
If you and your spouse have no children and very little property, getting a divorce without going to court is a realistice option in most cases -- as long as both of you agree on the division of the property and debts that you do have.
Divorce by affidavit was originally only available to people filing in Jackson County and some of the other more progressive counties. Now, though, it is more widely available to people residing in suburban and rural counties.
Having divorce by affidavit available to you means that you don't have to go to court. You don't have to use a vacation day, or worse yet, take an unpaid day off. For people going through the pain of a divorce, this is one of the bright spots in the system.
The way it's done is through something called an affidavit for a judgment of dissolution of marriage. An affidavit is a legal paper that spells out certain facts and swears they are true. In a divorce action, if both husband and wife agree to the facts, it's call a joint affidavit. If only one of the spouses is saying the facts are true, then it is the affidavit of just that spouse.
There are some rules that govern what is supposed to go in the affidavit. And there are rules about who can get their divorce by just filing paperwork with the court.
If you and your spouse have children together, you will not be able to get a divorce with just an affidavit in many courts - even if both of you have attorneys. If one of you does not have an attorney, you won't be allowed to get a divorce by affidavit.
If you and your spouse have no children and very little property, getting a divorce without going to court is a realistice option in most cases -- as long as both of you agree on the division of the property and debts that you do have.
Divorce by affidavit was originally only available to people filing in Jackson County and some of the other more progressive counties. Now, though, it is more widely available to people residing in suburban and rural counties.
Having divorce by affidavit available to you means that you don't have to go to court. You don't have to use a vacation day, or worse yet, take an unpaid day off. For people going through the pain of a divorce, this is one of the bright spots in the system.
Thursday, July 2, 2009
Maintenance in Missouri
One request that we are hearing more and more frequently these days is for maintenance. That's what we used to call alimony - kind of. From the position of a lawyer, maintenance and alimony are two completely different things - which is why we make a distinction. From the perspective of the person either receiving or paying, there's no difference.
Missouri makes a further distinction between maintenance granted before the divorce is granted and after the divorce is granted. Just to keep the system from getting to easy, the benchmarks for receiving maintenance are different depending on whether the maintenance is ordered for times before the divorce or for times after the divorce. The short version of the difference is that the bar for having maintenance awarded is much lower for payments made before the divorce. If those payments are to be continued after the divorce, there is a much higher standard.
Sometimes folks just look across State Line Road wistfully - because Johnson County, Kansas, has a rule that is almost set in stone with regard to maintenance. Kansas has a formula to determine the amount and duration of maintenance. Missouri doesn't.
In Missouri maintenance is generally more difficult to get. In Kansas there's the formula. Either it helps you - or it doesn't.
In Missouri maintenance, if you get it, will continue until a court says it stops - which can be for the life of the paying party. In Kansas, there's a formula that says when it stops.
Are there other circumstances under which Missouri stops child support payments? Sure. Payments stop if the paying party dies - unless he agreed to continue the payments until the other parties dies. Payments stop if the receiving party dies or remarries. And, in some increasingly unusual cases, payments stop at the end of a specific period of time.
Missouri makes a further distinction between maintenance granted before the divorce is granted and after the divorce is granted. Just to keep the system from getting to easy, the benchmarks for receiving maintenance are different depending on whether the maintenance is ordered for times before the divorce or for times after the divorce. The short version of the difference is that the bar for having maintenance awarded is much lower for payments made before the divorce. If those payments are to be continued after the divorce, there is a much higher standard.
Sometimes folks just look across State Line Road wistfully - because Johnson County, Kansas, has a rule that is almost set in stone with regard to maintenance. Kansas has a formula to determine the amount and duration of maintenance. Missouri doesn't.
In Missouri maintenance is generally more difficult to get. In Kansas there's the formula. Either it helps you - or it doesn't.
In Missouri maintenance, if you get it, will continue until a court says it stops - which can be for the life of the paying party. In Kansas, there's a formula that says when it stops.
Are there other circumstances under which Missouri stops child support payments? Sure. Payments stop if the paying party dies - unless he agreed to continue the payments until the other parties dies. Payments stop if the receiving party dies or remarries. And, in some increasingly unusual cases, payments stop at the end of a specific period of time.
Tuesday, June 23, 2009
Jackson County, MO, court to confiscate and destroy cell phones
The court security folks in the Jackson County, Missouri courts have a new rule that you need to know about if you have a court date either in Independence or Kansas City.
If you take your cell phone to the courthouse with you, the security personnel will confiscate your phone AND DESTROY IT. Yup, that's right. The word from the sheriff's department folks is that you WILL NOT have your phone returned to you. If it is confiscated at the door of the courthouse, THEY WILL DESTROY IT along with all other banned or prohibited items.
The sheriff won't say when the rule comes into effect - but the boxes are at the security stations now. In fact, all you lawyers who don't have current Kansas City Missouri bar cards - your phones are getting confiscated and destroyed too.
If you take your cell phone to the courthouse with you, the security personnel will confiscate your phone AND DESTROY IT. Yup, that's right. The word from the sheriff's department folks is that you WILL NOT have your phone returned to you. If it is confiscated at the door of the courthouse, THEY WILL DESTROY IT along with all other banned or prohibited items.
The sheriff won't say when the rule comes into effect - but the boxes are at the security stations now. In fact, all you lawyers who don't have current Kansas City Missouri bar cards - your phones are getting confiscated and destroyed too.
Friday, June 19, 2009
Order of Protection - an example of how they start
I have recently been seeing many exparte orders filed right before or along with the divorce filing -- especially when the parties have one or more child. It's truly saddening.
Here's a rather typical scenario: John and Mary decide to divorce. Mary wants the house and kids. Mary and John have an argument. Mary calls the cops. Mary says she's scared. John says he didn't do anything. The police officer tells John he needs to leave for the night.
Next day: John comes home. Mary doesn't want him there. She drives up to the local courthouse and files an ex parte petition asking the court to keep John out of the house because she says she needs to be protected from him. She also asks the court to give her custody of the children, child support from John, possession of the house even though she wants John to continue to pay the mortgage. She even asks the court to order John into counseling.
When John arrives home after having been asked to spend the night elsewhere by the police, should he pack his clothes up and put them in his pick up truck? Should he pack up his shaving kit, his hunting rifle and his tools and put them in his pick up truck?
There is a knock at the door. The police have come to serve John with the ex parte order. John answers the door - Mary is still not home. The police serve John the order and tell John to leave the house immediately. If he's lucky, they will allow him to pull together a few things (e.g. underwear and socks) to take with him (the hunting rifle won't be one of the things the police will allow John to take). If he's not so lucky to be allowed to collect socks and underwear, the police will just tell him to leave.
Once the police serve the ex parte order and escort John from the home, he won't be able to come back until the court says he can come back. He won't be able to get any of his personal belongings until the court says he can get them.
Perhaps even more important than socks and underwear, John won't be able to see his kids until the court says he can see his kids.
Here's a rather typical scenario: John and Mary decide to divorce. Mary wants the house and kids. Mary and John have an argument. Mary calls the cops. Mary says she's scared. John says he didn't do anything. The police officer tells John he needs to leave for the night.
Next day: John comes home. Mary doesn't want him there. She drives up to the local courthouse and files an ex parte petition asking the court to keep John out of the house because she says she needs to be protected from him. She also asks the court to give her custody of the children, child support from John, possession of the house even though she wants John to continue to pay the mortgage. She even asks the court to order John into counseling.
When John arrives home after having been asked to spend the night elsewhere by the police, should he pack his clothes up and put them in his pick up truck? Should he pack up his shaving kit, his hunting rifle and his tools and put them in his pick up truck?
There is a knock at the door. The police have come to serve John with the ex parte order. John answers the door - Mary is still not home. The police serve John the order and tell John to leave the house immediately. If he's lucky, they will allow him to pull together a few things (e.g. underwear and socks) to take with him (the hunting rifle won't be one of the things the police will allow John to take). If he's not so lucky to be allowed to collect socks and underwear, the police will just tell him to leave.
Once the police serve the ex parte order and escort John from the home, he won't be able to come back until the court says he can come back. He won't be able to get any of his personal belongings until the court says he can get them.
Perhaps even more important than socks and underwear, John won't be able to see his kids until the court says he can see his kids.
Tuesday, June 9, 2009
Missouri case access site back up after fire
CaseNet is now back up and running. Good job to the court administrator. We all rely on you guys.
Thursday, June 4, 2009
Missouri shutters the Fair Share program - no more help for parents struggling with child support
Effective July 1, 2009, Missouri is cancelling the Fair Share program. This was the program that helped parents who had lost their jobs to find a way to continue paying child support. Without Fair Share, a father who has lost his job and is more than $10,000.00 behind in child support is left with no safety net. Even if he finds a job, he will still be left vulnerable to prosecution.
When I contacted a representative from Missouri's child support enforcement agency to discuss options for parents who are behind in their child support, I was told the only option is the career center through the state, but that working with the career center will not prevent prosecutions.
The closing of the Fair Share program means that either Missouri is going to turn a blind eye to dads who are not paying their child support or Missouri is going to renew its efforts to prosecute dads who are behind on their child support. Neither of those alternatives is a good one.
In the first alternative, the children of this state are going to be without the support their noncustodial parent could provide if he were able to find employment. In the second alternative, not only do the children lose - but the state will be exchanging the cost of social workers for the higher cost of prosecutors and judges. That doesn't seem like a good trade off to me.
If you agree and would like to express your opinion to the child support enforcement office or to the director of social services, here is a link to their telephone numbers.
When I contacted a representative from Missouri's child support enforcement agency to discuss options for parents who are behind in their child support, I was told the only option is the career center through the state, but that working with the career center will not prevent prosecutions.
The closing of the Fair Share program means that either Missouri is going to turn a blind eye to dads who are not paying their child support or Missouri is going to renew its efforts to prosecute dads who are behind on their child support. Neither of those alternatives is a good one.
In the first alternative, the children of this state are going to be without the support their noncustodial parent could provide if he were able to find employment. In the second alternative, not only do the children lose - but the state will be exchanging the cost of social workers for the higher cost of prosecutors and judges. That doesn't seem like a good trade off to me.
If you agree and would like to express your opinion to the child support enforcement office or to the director of social services, here is a link to their telephone numbers.
Friday, May 29, 2009
Missouri set to allow dads to challenge final paternity judgment
There's a law working it's way through the Missouri legislature that will permit dads to challenge final paternity judgments under certain circumstances.
What has been happening is that men would be named as the biological father of a child who is not really their biological child in an administrative action. The man then either throws the paperwork from the child support agency away because he's sure he's not the dad (you laugh, but it does happen) or blows off the hearing. Since the man doesn't seem to object, the child support agency makes a finding of paternity against him and enters a child support order.
As it usually happens, time goes by. The man (who is now declared to be dad) forgets all about the paperwork he got from the child support folks. Then, eventually there comes a knock at his door. The next thing that comes about is a warrant for his arrest for nonsupport or his paycheck is garnished. Neither of these results is exactly good news for him. After all, remember, he's not really the biological dad of a child - at least not as far as he knows.
So - a bad result has happened.
The first thing that springs to the guy's mind is: Wait a minute - I'm not this child's father. So off he goes to hire an attorney to fix it.
Under the current law, the child support part of the problem doesn't go away. You have already had a chance to show you're not dad. You blew it off. So you can't complain now.
That's going to change in a significant way if this new bill is signed by the governor. If the bill passes, guys who have already been determined to be the father of a child will have a two year period to bring the issue back in front of the court, get paternity testing and get your child support arrearages (if any) taken off.
If the bill is signed into law, guys who are just now entering in the child support system, will have two years from the date on which the child support order is entered against them.
There are some other legal hoops that you will need to deal with if you want to bring child support up again. The only effective way to address it is to get help from your attorney. He or she will be able to guide you through the requirements.
What has been happening is that men would be named as the biological father of a child who is not really their biological child in an administrative action. The man then either throws the paperwork from the child support agency away because he's sure he's not the dad (you laugh, but it does happen) or blows off the hearing. Since the man doesn't seem to object, the child support agency makes a finding of paternity against him and enters a child support order.
As it usually happens, time goes by. The man (who is now declared to be dad) forgets all about the paperwork he got from the child support folks. Then, eventually there comes a knock at his door. The next thing that comes about is a warrant for his arrest for nonsupport or his paycheck is garnished. Neither of these results is exactly good news for him. After all, remember, he's not really the biological dad of a child - at least not as far as he knows.
So - a bad result has happened.
The first thing that springs to the guy's mind is: Wait a minute - I'm not this child's father. So off he goes to hire an attorney to fix it.
Under the current law, the child support part of the problem doesn't go away. You have already had a chance to show you're not dad. You blew it off. So you can't complain now.
That's going to change in a significant way if this new bill is signed by the governor. If the bill passes, guys who have already been determined to be the father of a child will have a two year period to bring the issue back in front of the court, get paternity testing and get your child support arrearages (if any) taken off.
If the bill is signed into law, guys who are just now entering in the child support system, will have two years from the date on which the child support order is entered against them.
There are some other legal hoops that you will need to deal with if you want to bring child support up again. The only effective way to address it is to get help from your attorney. He or she will be able to guide you through the requirements.
Saturday, May 23, 2009
Do I have to move from my house if I file for divorce in Missouri?
From time to time urban legends relating to family law matters get passed around. This morning one was passed my way. The scary thing about this legend is that it was attributed to an attorney (who should have known better).
Supposedly, if you file for divorce here in Missouri, you have to move out of your house and let your spouse stay. Here's the real skinny on that: All things being equal, you don't have to move out of your house just because you file a divorce here in Missouri. I can't vouch for other states (I don't practice in other states). But here in Missouri, all things being equal, you don't have to move just because you file for a divorce.
The kinds of things that make things not equal generally involve one of the spouses behaving badly. Such as - hitting, shoving, and other similar bad behaviors. In those cases, one or the other of the spouses will leave the house, whether voluntarily or otherwise.
Conversely, if you want to move out of the house when you file for divorce - you can do that. You just don't have to unless there is something about your particular situation that requires you to move.
Supposedly, if you file for divorce here in Missouri, you have to move out of your house and let your spouse stay. Here's the real skinny on that: All things being equal, you don't have to move out of your house just because you file a divorce here in Missouri. I can't vouch for other states (I don't practice in other states). But here in Missouri, all things being equal, you don't have to move just because you file for a divorce.
The kinds of things that make things not equal generally involve one of the spouses behaving badly. Such as - hitting, shoving, and other similar bad behaviors. In those cases, one or the other of the spouses will leave the house, whether voluntarily or otherwise.
Conversely, if you want to move out of the house when you file for divorce - you can do that. You just don't have to unless there is something about your particular situation that requires you to move.
Friday, May 15, 2009
Keep track of your Missouri case on CaseNet
If you are wondering what's happening on your Missouri case, the court has made it really simple to find out.
Every case that has been filed in Missouri, except municipal court cases and cases that are sealed, can be tracked on a system called CaseNet. Paternity cases, that is, cases involving children where the parents are unmarried, are sealed and cannot be tracked on CaseNet.
For other cases, you can find out when your next court date is and you can find out what court documents have been filed.
Access to CaseNet is a free service of the Missouri courts.
You can access CaseNet by clicking here.
Every case that has been filed in Missouri, except municipal court cases and cases that are sealed, can be tracked on a system called CaseNet. Paternity cases, that is, cases involving children where the parents are unmarried, are sealed and cannot be tracked on CaseNet.
For other cases, you can find out when your next court date is and you can find out what court documents have been filed.
Access to CaseNet is a free service of the Missouri courts.
You can access CaseNet by clicking here.
Saturday, May 2, 2009
School District services for disabled children
School districts have educational services available for disabled children - whether the child is autistic or has another disability. The districts seek out the children who qualify for these services. If you have a disabled child, it is a good idea to contact the director for special education for the school district or the principal at your child's school to ask for an "IEP meeting." That request should be made in writing. The school district is then required to hold a meeting within thirty days from your request for a meeting.
At the first IEP meeting for a child, the school district has to assess your child to see where he or she needs educational help. Then, the district will then report back to you with it's offer of services for the next year.
The IEP meeting will probably be recorded. You may even hear what sounds like an offer in the meeting. The verbal "offer" is not the offer of services being given to your child. Only a written offer binds the school district to the services offered.
The IEP has to include your child's present level of performance with regard to his or her educational challenges. This will be determined based on testing assessments as well as observations from your child's teachers, other school staff - and you as your child's parent. This will set up a starting point to develop your child's goals for the upcoming year.
The IEP must, then, set out how the goals are going to be achieved and what services will be provided and how frequently these services will be provided. Some of the services that can be a part of a child's IEP are:
speech and language pathology services
occupational therapy services
deaf and hard of hearing services
mobility services
emotional counseling services
reading and language services
audiological services
visual services
adapted physical education
individualized behavior interventions services and
other services as needed.
At the first IEP meeting for a child, the school district has to assess your child to see where he or she needs educational help. Then, the district will then report back to you with it's offer of services for the next year.
The IEP meeting will probably be recorded. You may even hear what sounds like an offer in the meeting. The verbal "offer" is not the offer of services being given to your child. Only a written offer binds the school district to the services offered.
The IEP has to include your child's present level of performance with regard to his or her educational challenges. This will be determined based on testing assessments as well as observations from your child's teachers, other school staff - and you as your child's parent. This will set up a starting point to develop your child's goals for the upcoming year.
The IEP must, then, set out how the goals are going to be achieved and what services will be provided and how frequently these services will be provided. Some of the services that can be a part of a child's IEP are:
speech and language pathology services
occupational therapy services
deaf and hard of hearing services
mobility services
emotional counseling services
reading and language services
audiological services
visual services
adapted physical education
individualized behavior interventions services and
other services as needed.
Friday, April 24, 2009
Paternity action can define a parenting relationship
Parents who have a child when they are not married to each other can use a paternity action to legally define each parent's rights and responsibilities with regard to their child.
A paternity action will establish both child support and parenting time. Parenting time is the time each parent gets to spend with their child. These are both important considerations if you are breaking up with the other parent of your child.
Missouri encourages parents to share joint legal and joint physical custody of their children. Joint physical custody does not mean that the parents share equal amounts of time. It does mean that both parents have ongoing, significant time with the child.
Joint legal custody means that legally mom is still mom and dad is still dad. Both parents share decisions about their child's schooling, medical care, religious upbringing and activities.
If you are a dad who has been served with child support papers from the state, it is important for you to understand that the state will only establish child support. There will be no order defining your parenting time with your child. You need to bring a paternity action to set up your parenting time with your child.
A paternity action will establish both child support and parenting time. Parenting time is the time each parent gets to spend with their child. These are both important considerations if you are breaking up with the other parent of your child.
Missouri encourages parents to share joint legal and joint physical custody of their children. Joint physical custody does not mean that the parents share equal amounts of time. It does mean that both parents have ongoing, significant time with the child.
Joint legal custody means that legally mom is still mom and dad is still dad. Both parents share decisions about their child's schooling, medical care, religious upbringing and activities.
If you are a dad who has been served with child support papers from the state, it is important for you to understand that the state will only establish child support. There will be no order defining your parenting time with your child. You need to bring a paternity action to set up your parenting time with your child.
Saturday, April 18, 2009
What is a health care power of attorney and who needs one?
A health care power of attorney is a legal document that makes it possible for another person to direct your health care in the event you can't. The person you authorize to direct your health care is called your "agent" or "agent for health care".
While health care facilities may have health care powers of attorney available for you to sign, that power of attorney may or may not give you the opportunity to express your wishes. Be sure to carefully read the document before you sign it to make sure it says what you want it to say. And, make sure there is a HIPAA authorization that allows your health care providers to talk to your agent.
Married people frequently name their spouse as their agent. Unmarried people often name their partner if they are in a committed relationship. Other people named are children, brothers or sisters, or other family members. Anyone can be named as your health care agent. It is important to make sure you trust your agent completely as they will be making serious decisions on your behalf.
Who needs to have a health care power of attorney? Every adult needs a health care power of attorney.
If you are in a committed relationship, but not married, health care powers of attorney are of particular importance. The reason is that if your partner is seriously injured or develops a serious illness, you will be excluded from all care decisions. Under some circumstances, you may not be permitted in the hospital room to assist in the care of your partner. That's a possibility that doesn't need to happen.
Whether you are married or not, talk to your partner about his or her health care wishes. Let him or her know where your health care power and HIPAA document can be found. If you don't have a health care power or a HIPAA document, consider getting one - for your peace of mind and that of your partner or spouse.
While health care facilities may have health care powers of attorney available for you to sign, that power of attorney may or may not give you the opportunity to express your wishes. Be sure to carefully read the document before you sign it to make sure it says what you want it to say. And, make sure there is a HIPAA authorization that allows your health care providers to talk to your agent.
Married people frequently name their spouse as their agent. Unmarried people often name their partner if they are in a committed relationship. Other people named are children, brothers or sisters, or other family members. Anyone can be named as your health care agent. It is important to make sure you trust your agent completely as they will be making serious decisions on your behalf.
Who needs to have a health care power of attorney? Every adult needs a health care power of attorney.
If you are in a committed relationship, but not married, health care powers of attorney are of particular importance. The reason is that if your partner is seriously injured or develops a serious illness, you will be excluded from all care decisions. Under some circumstances, you may not be permitted in the hospital room to assist in the care of your partner. That's a possibility that doesn't need to happen.
Whether you are married or not, talk to your partner about his or her health care wishes. Let him or her know where your health care power and HIPAA document can be found. If you don't have a health care power or a HIPAA document, consider getting one - for your peace of mind and that of your partner or spouse.
Friday, April 10, 2009
Requirements for child support during college
In Missouri, parents who are paying child support can be ordered to help pay college expenses until the child reaches the age of 21. However, kids have to meet these requirements in order to maintain eligibility for college assistance from your parents:
1. You have to be enrolled for at least 12 credit hours (Nine credit hours if you work an average of 15 hours a week.)
2. You have to send both of your parents an official copy of your enrollment information at the first of the each semester and of your grades at the end of each semester.
Parental support can stop if:
1. You fail at least half of your classes in one semester;
2. You don't send your parents proof of your enrollment or proof of your grades each semester;
3. You drop classes so that you are not enrolled for enough hours for the semester; or
4. You take off for a semester -- whether that is for the first semester when you would normally start college or for later semester.
If you don't give your parents a copy of your grades and they ask for one, you have 30 days from when the school gives you the grades to get them to your parents. If you don't do that, after 30 days you can lose your eligibility for continued parental support.
1. You have to be enrolled for at least 12 credit hours (Nine credit hours if you work an average of 15 hours a week.)
2. You have to send both of your parents an official copy of your enrollment information at the first of the each semester and of your grades at the end of each semester.
Parental support can stop if:
1. You fail at least half of your classes in one semester;
2. You don't send your parents proof of your enrollment or proof of your grades each semester;
3. You drop classes so that you are not enrolled for enough hours for the semester; or
4. You take off for a semester -- whether that is for the first semester when you would normally start college or for later semester.
If you don't give your parents a copy of your grades and they ask for one, you have 30 days from when the school gives you the grades to get them to your parents. If you don't do that, after 30 days you can lose your eligibility for continued parental support.
Friday, April 3, 2009
When does child support stop for a child in Missouri?
If you are paying or receiving child support under a Missouri order, you may wonder when the child support ends. The general rule is that child support ends when one of the following happens:
1. death of the child;
2. the child gets married;
3. the child becomes self-supporting (but only if the residential custodian has given up parental control of the child);
4. the child enters the military;
5. the child reaches 18 years of age AND is no longer a full time student AND is not so disabled that the court extends child support beyond the child's 18th birthday;
6. The child continues his or her education beyond high school (either with college, university of a trade school) and notifies you, and completes enough credit hours and gets good enough grades to have child support continue.
Child support ENDS on the child's 21st birthday unless the court finds the child is disabled.
The parent receiving child support is supposed to send a notice to you and the court when the child no longer qualifies to receive child support. If she doesn't do that you can send the notice to the court.
If she doesn't notify you that the child support has ended, she may have to pay you back - with interest.
The notification form (with instructions) is here.
1. death of the child;
2. the child gets married;
3. the child becomes self-supporting (but only if the residential custodian has given up parental control of the child);
4. the child enters the military;
5. the child reaches 18 years of age AND is no longer a full time student AND is not so disabled that the court extends child support beyond the child's 18th birthday;
6. The child continues his or her education beyond high school (either with college, university of a trade school) and notifies you, and completes enough credit hours and gets good enough grades to have child support continue.
Child support ENDS on the child's 21st birthday unless the court finds the child is disabled.
The parent receiving child support is supposed to send a notice to you and the court when the child no longer qualifies to receive child support. If she doesn't do that you can send the notice to the court.
If she doesn't notify you that the child support has ended, she may have to pay you back - with interest.
The notification form (with instructions) is here.
Friday, March 27, 2009
Supreme Court says No to Gun Ownership after a Domestic Violence conviction
The United States Supreme Court recently said if you are convicted of a crime involving domestic violence you can't own a gun.
Here's the short version of their opinion:
Mr. Hayes had been convicted in 1994 of hitting his wife.
Then, in 2004, the police responded to a 911 call reporting domestic violence at Mr. Hayes house. When the police got to Mr. Hayes' house, they asked him if they could come in and search his house (they probably just said they wanted to take a look around, but it comes out to be the same thing). Mr. Hayes - who didn't think there was anything in his house that would cause him any problems with the police - consented to the police searching his house.
In the course of their search, the police found a rifle and several other firearms. They arrested Mr. Hayes and charged him with a violation of the federal statute that says felons cannot possess firearms. Mr. Hayes was convicted. The United States Supreme Court said the conviction stands. Mr. Hayes got five hard years in a federal prison.
The reasoning of the Supreme Court is that it is too dangerous for someone who has been convicted of a crime against a family member to own any gun. And if they do, they are guilty of the same crime as felon in possession.
Here's a link to the full opinion.
Here's the short version of their opinion:
Mr. Hayes had been convicted in 1994 of hitting his wife.
Then, in 2004, the police responded to a 911 call reporting domestic violence at Mr. Hayes house. When the police got to Mr. Hayes' house, they asked him if they could come in and search his house (they probably just said they wanted to take a look around, but it comes out to be the same thing). Mr. Hayes - who didn't think there was anything in his house that would cause him any problems with the police - consented to the police searching his house.
In the course of their search, the police found a rifle and several other firearms. They arrested Mr. Hayes and charged him with a violation of the federal statute that says felons cannot possess firearms. Mr. Hayes was convicted. The United States Supreme Court said the conviction stands. Mr. Hayes got five hard years in a federal prison.
The reasoning of the Supreme Court is that it is too dangerous for someone who has been convicted of a crime against a family member to own any gun. And if they do, they are guilty of the same crime as felon in possession.
Here's a link to the full opinion.
Friday, March 20, 2009
Child Support for a disabled child doesn't have to end in Missouri
If you have a seriously disabled child and are divorced or in the process of getting divorced, continuing support for your child as they become an adult can be a concern.
The rules having to do with ending child support don't necessarily apply where the child is seriously disabled. A serious disability is a disability that will keep the child from ever supporting himself. For some children this means that the child will live in a group home or other sheltered facility after the death of her parents. For other children, the disability can mean that, although the child doesn't have to live in an institution, the child will never be able to become self-support, whether the child's disability is physical, emotional, or learning-related.
Fortunately, it is possible in Missouri to have child support continue past the normal age of emancipation. If a court finds the disability is serious the court can order the child support to continue into the child's adulthood.
If you have a seriously disabled child who will be needing support from his parents throughout his life, you should discuss this issue with your attorney.
The rules having to do with ending child support don't necessarily apply where the child is seriously disabled. A serious disability is a disability that will keep the child from ever supporting himself. For some children this means that the child will live in a group home or other sheltered facility after the death of her parents. For other children, the disability can mean that, although the child doesn't have to live in an institution, the child will never be able to become self-support, whether the child's disability is physical, emotional, or learning-related.
Fortunately, it is possible in Missouri to have child support continue past the normal age of emancipation. If a court finds the disability is serious the court can order the child support to continue into the child's adulthood.
If you have a seriously disabled child who will be needing support from his parents throughout his life, you should discuss this issue with your attorney.
Wednesday, March 11, 2009
Practical steps to take if you believe a family member has been abused by a nursing home
If you have a family member who has been mistreated by a nursing home, the first thing you need to do is get medical attention for him or her. After that has happened - and before you talk to an attorney, Illinois attorney Jonathan Rosenfeld,has some excellent suggestions on his Nursing Homes Abuse Blog that hold true for Missouri residents as well as Illinois residents.
Then - take this information to your family lawyer for evaluation.
"Photographs - Take pictures of the physical injuries themselves, the area where the incident took place and if possible, the people involved. In cases involving particularly gruesome medical conditions (pressure sores, amputations, surgical wounds) no medical record can do justice to what your loved one experienced. Use a real camera as opposed to a camera-phone as the photos will be better quality.
Start Writing- Write down as much information about the incident or events as you can remember. Write some more. Details can be particularly helpful in the course of litigation as many nursing homes have high rates of employee turnover that can make obtaining information difficult. Concentrate on: names, dates, room numbers, names of facilities and and medication dosages (if relevant
Medical Chart- The medical chart from a nursing home and / or hospital is crucial to determining what a facility may have done or failed to do that resulted in injury or death. If your loved one sustained an injury that resulted in subsequent medical care at a hospital, these records will be important as well.
Chronology- This does not need to be one’s life story. However, if a condition developed over time or there are multiple facilities that may responsible for the injury or condition, it is important get the correct names and general dates of admission at health care facilities. The names of doctors who provided medical can be helpful as well.
Other Relevant documents: Healthcare Power of Attorney, wills, death certificates, pre-injury photographs, autopsy reports and nursing home inspection reports all can be helpful when meeting with an attorney. Bring them with."
Then - take this information to your family lawyer for evaluation.
Saturday, March 7, 2009
Families asked to pay debts of deceased loved ones
The New York Times recently reported about debt collectors calling bereaved family members to ask for repayment of debts of the deceased.
"The banks need another bailout and countless homeowners cannot handle their mortgage payments, but one group is paying its bills: the dead.
Dozens of specially trained agents work on the third floor of DCM Services here, calling up the dear departed’s next of kin and kindly asking if they want to settle the balance on a credit card or bank loan, or perhaps make that final utility bill or cellphone payment."
You can read the complete article at the New York Times website.
Just because you have been asked to pay a deceased relative's debt doesn't necessarily mean that you have a legal liability to pay the debt. To get help determining whether you have to pay the debt, consult your family's attorney or the Missouri Attorney General's office - Consumer Protection Division.
"The banks need another bailout and countless homeowners cannot handle their mortgage payments, but one group is paying its bills: the dead.
Dozens of specially trained agents work on the third floor of DCM Services here, calling up the dear departed’s next of kin and kindly asking if they want to settle the balance on a credit card or bank loan, or perhaps make that final utility bill or cellphone payment."
You can read the complete article at the New York Times website.
Just because you have been asked to pay a deceased relative's debt doesn't necessarily mean that you have a legal liability to pay the debt. To get help determining whether you have to pay the debt, consult your family's attorney or the Missouri Attorney General's office - Consumer Protection Division.
Friday, February 27, 2009
Cost of COBRA health insurance coverage to go down for most families
For many families, the loss of their job means not only the loss of their income, but also the loss of their health insurance. Employees of companies with 20 or more employees have had the right to elect COBRA coverage. But COBRA coverage has been expensive until now. COBRA health benefits have costed up to 102% of the cost of the underlying benefit.
Relief is on the way. Beginning March 1st, 2009, there is a change in the law that will mean that most families relying on COBRA for their health insurance will only have to pay 35% of the cost of the health insurance coverage. The exceptions are for employees who are fired for gross misconduct and employees who voluntarily quit their job and employees earning more than $145,000 a year.
There is a phase-out of the cost subsidy for employees earning between $125,000 and $145,000. There are increased taxes to recapture subsidized payments for people earning over $125,000 a year. You will, however, be permitted to opt out of the coverage if it doesn't benefit you. If you earned over the $125,000 threshhold, talk to your tax advisor to see how the plan impacts you and make an informed decision as to whether you want to opt out or take the benefit.
The subsidized coverage will only last for 9 months - or until you get new health insurance group coverage (except for group plans offering vision and dental coverage only), a flexible spending plan, an on-site medical treatment plan or if you become eligible for Medicare - whichever happens first. And if you get the new group health coverage and don't tell your old employer, you will be responsible for paying back 110% of the subsidy beginning when you get the coverage under your new employer's plan.
Even if you didn't take the COBRA coverage, or took it and then cancelled it, you will be offered coverage under the new law taking effect on March 1st. Your old employer will be notifying you by April 18, 2009 of your rights to elect the new COBRA coverage if it applies to you. Be looking for that notice in the mail.
Relief is on the way. Beginning March 1st, 2009, there is a change in the law that will mean that most families relying on COBRA for their health insurance will only have to pay 35% of the cost of the health insurance coverage. The exceptions are for employees who are fired for gross misconduct and employees who voluntarily quit their job and employees earning more than $145,000 a year.
There is a phase-out of the cost subsidy for employees earning between $125,000 and $145,000. There are increased taxes to recapture subsidized payments for people earning over $125,000 a year. You will, however, be permitted to opt out of the coverage if it doesn't benefit you. If you earned over the $125,000 threshhold, talk to your tax advisor to see how the plan impacts you and make an informed decision as to whether you want to opt out or take the benefit.
The subsidized coverage will only last for 9 months - or until you get new health insurance group coverage (except for group plans offering vision and dental coverage only), a flexible spending plan, an on-site medical treatment plan or if you become eligible for Medicare - whichever happens first. And if you get the new group health coverage and don't tell your old employer, you will be responsible for paying back 110% of the subsidy beginning when you get the coverage under your new employer's plan.
Even if you didn't take the COBRA coverage, or took it and then cancelled it, you will be offered coverage under the new law taking effect on March 1st. Your old employer will be notifying you by April 18, 2009 of your rights to elect the new COBRA coverage if it applies to you. Be looking for that notice in the mail.
Tuesday, February 24, 2009
Cold Pill Legislation Pending in the Missouri legislature
The Springfield, MO News-Leader posted an article on their website announcing that Missouri has a bill now pending in the legislature that would require Missouri families to get a doctor's prescription for any cold medication containing the decongestant pseudoephedrine.
According to the News-Leader, you can currently go to your local pharmacy and purchase up to 9 grams pf pseudoephedrine every 30 days. That would be about two 15-dose boxes of Claritin-D or six 24-dose boxes of Sudafed.
If this bill passes, you have to go to your doctor - or the local hospital e.r. or the stand alone emergent care facility to get a prescription for the cold pills you have been using up to now without going through this new drill.
Just think of it. If the bill passes and you have a medical problem more serious than a cold, you will get to wait in a waiting room packed with folks sniffing and sneezing with their cold. And all of this is in the name of the war on drugs. I can only shake my head in disbelief.
If you want to register either your approval or disapproval of this pending legislative action, contact your local member of the Missouri House of Representatives.
You can read the News-Leader's article at http://tinyurl.com/cjoao3
According to the News-Leader, you can currently go to your local pharmacy and purchase up to 9 grams pf pseudoephedrine every 30 days. That would be about two 15-dose boxes of Claritin-D or six 24-dose boxes of Sudafed.
If this bill passes, you have to go to your doctor - or the local hospital e.r. or the stand alone emergent care facility to get a prescription for the cold pills you have been using up to now without going through this new drill.
Just think of it. If the bill passes and you have a medical problem more serious than a cold, you will get to wait in a waiting room packed with folks sniffing and sneezing with their cold. And all of this is in the name of the war on drugs. I can only shake my head in disbelief.
If you want to register either your approval or disapproval of this pending legislative action, contact your local member of the Missouri House of Representatives.
You can read the News-Leader's article at http://tinyurl.com/cjoao3
Thursday, February 19, 2009
Limited Representation - The Third Option for Divorcing Couples
The Missouri Supreme Court has given its residents a third option for divorcing couples - besides hiring a lawyer at his or her regular hourly fee or representing yourself. They call that third option "Limited Representation."
For people who have relatively simple, straightforward issues in their dissolution of marriage action, this alternative offers a great way to get a divorce with as little hassle as possible. And, you know upfront exactly what you are paying for and what the cost is.
Even if you and your spouse have children this option may work for you if both parents agree as to the schedule on which you will be parenting the children. If both parents have agreed to abide by the child support amount that the Missouri Supreme Court has set out, you just need to tell the lawyer that you need to have a child support calculation done as a part of your limited representation.
There are, as you might suppose, situations in which limited representation will not serve you well. Examples of situations where limited representation may not serve you well are:
(1) if you or your spouse have a house, a retirement plan or other significant assets,
(2) If you have an issue with regard to parenting your children - whether that issue is the amount of time that each of you will spend with the children or whether the issue involves special needs of a child, or
(3) if you have a long marriage and one of the spouses needs alimony (called maintenance in Missouri).
For people who have relatively simple, straightforward issues in their dissolution of marriage action, this alternative offers a great way to get a divorce with as little hassle as possible. And, you know upfront exactly what you are paying for and what the cost is.
Even if you and your spouse have children this option may work for you if both parents agree as to the schedule on which you will be parenting the children. If both parents have agreed to abide by the child support amount that the Missouri Supreme Court has set out, you just need to tell the lawyer that you need to have a child support calculation done as a part of your limited representation.
There are, as you might suppose, situations in which limited representation will not serve you well. Examples of situations where limited representation may not serve you well are:
(1) if you or your spouse have a house, a retirement plan or other significant assets,
(2) If you have an issue with regard to parenting your children - whether that issue is the amount of time that each of you will spend with the children or whether the issue involves special needs of a child, or
(3) if you have a long marriage and one of the spouses needs alimony (called maintenance in Missouri).
Thursday, February 12, 2009
Missouri's Fair Share Program
With the economy being as bad as it is, many people are finding it increasingly difficult to pay their child support.
The Missouri Family Support Division has a program called their Fair Share Program to help folks who are finding themselves in this situation. The Division asks folks to ask themselves these questions - and, if the answers are "yes" to contact the Division to ask about participating in the program: (1) Do you have trouble making your child support payments? (2) Are you looking for a job? (3) Do you want to be more involved with your child(ren)? and (4) Are you having trouble making ends meet?
The requirements to participate in the program are: (1) You must be at least 18 years old; (2) You have to live in Missouri; (3) You have to be unemployed or underemployed; (4) You have to be required to pay child support on a child who doesn't live with you and (5) You have to have a case with Child Support Enforcement.
The Fair Share Program is good for families. It helps both parents by helping them address the economic realities they each face.
The contact number for the Family Support Division is 1-800-859-7999
The website address is: http://www.dss.mo.gov/cse/pfs/index.htm
The Missouri Family Support Division has a program called their Fair Share Program to help folks who are finding themselves in this situation. The Division asks folks to ask themselves these questions - and, if the answers are "yes" to contact the Division to ask about participating in the program: (1) Do you have trouble making your child support payments? (2) Are you looking for a job? (3) Do you want to be more involved with your child(ren)? and (4) Are you having trouble making ends meet?
The requirements to participate in the program are: (1) You must be at least 18 years old; (2) You have to live in Missouri; (3) You have to be unemployed or underemployed; (4) You have to be required to pay child support on a child who doesn't live with you and (5) You have to have a case with Child Support Enforcement.
The Fair Share Program is good for families. It helps both parents by helping them address the economic realities they each face.
The contact number for the Family Support Division is 1-800-859-7999
The website address is: http://www.dss.mo.gov/cse/pfs/index.htm
Subscribe to:
Posts (Atom)
Posts
