McCarthy, Leonard & Kaemmerer L.C.
314-392-5200
May 12, 2017

How do I keep my ex-spouse’s relatives from being with my child?

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This can be both legally and practically difficult. Once parents are separated, typically each one can do what they want (within reason) on his or her time with the child. If Mom (for example) wants to tell Dad that he cannot take the child around his own Mother,
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May 10, 2017

Retainage on Private Construction Contracts in Missouri?

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One significant problem that contractors and subcontracts face pertains to the timing of the release of retainage on construction projects.  Retainage is a portion of the agreed upon contract price withheld until the work is substantially complete to “ensure the proper performance of the contract or agreement”.  Section
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April 19, 2017

How should I behave in Court?

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You should dress appropriately. Never wear shorts, flip flops or t-shirts with drug paraphernalia or swear words on it. “Sunday best” dress is always appropriate. You should only speak to the Judge when spoken to and then give direct answers. Do not try to prove your point to
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April 13, 2017

Do I have to go to Court to get divorced?

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No, many individuals get divorced and never appear in Court. However, if parties do not agree on all areas necessary to resolve the case, Court appearances may be necessary.  How many Court appearances are necessary is generally dependent on the parties. If one party is bent on vengeance
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April 3, 2017

A cautionary tale about social media

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I recently had a case where my opposing party asked a friend of hers to set up an online fundraising effort to pay for her legal fees. The friend posted a number of derogatory statements about my client, the court appointed guardian ad litem (whose opinion holds a
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March 27, 2017

Why should I not represent myself in the family law case?

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Individuals representing themselves are held to the same standard as lawyers. This means that you will be expected to follow the same rules of civil procedure as lawyers. If you don’t there could be negative consequences for your case. Individuals representing themselves often miss key issues. Recently, an
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November 14, 2016

Child support for children after high school

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Many people incorrectly assume child support stops when the child turns 18 years old or graduates from high school. But in Missouri child support frequently lasts until the child actually turns 21. However, there are a series of conditions that must be met in order to keep the
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November 3, 2016

Can I make my spouse give up his or her parental rights? Why or why not?

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Generally, no. Missouri only allows what is called a termination of parental rights in limited circumstances. The first circumstance is when a Petition for Termination of Parental Rights is initiated by the juvenile officer in your county. This occurs when there has been significant abuse or neglect of
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October 26, 2016

The Judge just appointed a guardian ad litem in my divorce or paternity case. What does that mean?

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Under the statutes of Missouri, a guardian ad litem is a lawyer who the judge appoints when there are allegations of abuse or neglect of the children. His or her job is to represent the best interest of the children throughout the court process. The Missouri guardian ad
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October 26, 2016

Why should I get my wages garnished or pay my wages through the state?

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From the money receiver’s perspective: generally, it is much easier to keep track of payments made by your ex-spouse or payments missed by your ex-spouse if someone else does it for you. This is especially true if your ex-spouse has a habit of quitting jobs or making partial
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October 26, 2016

What are my options if my ex-spouse or soon to be ex-spouse and I are not agreeing on daycare?

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This is a situation that is full of emotion for everyone involved. First, remember that if you already have a court order, that court order governs the situation and the options involved unless or until it is changed. Secondly, if you are in the middle of a court
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October 26, 2016

What happens to my retirement savings in a divorce?

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In Missouri, the short answer is it generally depends on when you earned the money and what type of retirement asset it is. If you earned the money during the marriage, the court is likely to divide the retirement money in half or offset it against some other
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October 26, 2016

Who keeps the marital home?

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A common concern among divorce clients is who will keep the marital home during and after a divorce. Unfortunately the answer to this varies depending on the facts of the case. Here are some common factors which influence who is awarded the home in a divorce. Orders of
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September 2, 2016

Payment Bonds

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Click the Icon to view the Payment Bond Article. View Joe Blanners Profile
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December 5, 2014

What is the difference between divorce and dissolution of marriage in Missouri Courts?

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Nothing!  The two phrases mean the same thing in the Missouri court system. Laura H. Stobie
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