Thursday, April 29, 2010

How often can an ex-spouse file a motion to modify in Missouri?

I am in the middle of one (make more money than I did when we were divorced two years ago) and feel absolutely helpless. My attorney basically keeps saying theres nothing we can do since Im at the top of the state's table. Can she do this ANY time? Can I file if I make less next year? Should I expect to have to pay her legal fees?How often can an ex-spouse file a motion to modify in Missouri?
Hate to tell you this, but she's got you. The judge can order you to pay her legal fees too. However, if you start making less money, you must go back to court and get the judgement modified. As long as you can prove the change in income, a judge will more than likely reduce it according to the state's income table.How often can an ex-spouse file a motion to modify in Missouri?
Every 30 days if your income has increased or decreased by 20%. That is either parent for child support, since alimony is almost nonexistent in all states I assume we are talking about child support. It is a fairly new law in Missouri.
As often as she wants. She can apply each time you get a raise. Rightfully, she should not get attorney fees. But, she can ask for them.

There are Federal Guidelines for child support.

Provided said judge follows the guidelines and doesn't require more. The only reason you'll need an attorney, is to insure you aren't raped in the courtroom.

Simply retain an attorney to appear with you, to insure your not raped....couple of hours tops. Much lower bill. Explain to said attorney, he is only there to protect your rights, NOT argue the case, unless the judge goes overboard. He (the attorney) will simply explain to the judge, he is only there to protect your rights. The judge will rule...done deal.

The way the law is now, when you get a raise, the ex gets a raise. Not much to argue about there...sorry.

FROM the judges' prospective: You shell out a couple of grand for an attorney, you can afford a couple of hundred extra a month.

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