St Louis Mo Family Law – Tonya D. Page is a divorce attorney in St. Louis and processed in Missouri. In addition to divorce cases, Tonya handles dissolution, property division, annulment, child custody, child support, modification, restraining orders and alimony (alimony).
Divorce is never easy, even under the best of circumstances. In each case there are difficult financial and procedural decisions to make. The stress of the process is unparalleled. A Missouri divorce attorney’s job is to help you make this decision by providing sound advice and strong advocacy on your behalf.
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If your marriage is struggling and you have decided to file for divorce, you need someone by your side to help you through the difficult process of dealing with your situation. We understand how difficult this time is for you and we care about our customers and make the best of a bad situation.
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Tonya will always work to get you the best possible outcome in your Missouri family law case and treat you and your family with the utmost respect. If you are considering a divorce or other related family law matter, you need an experienced legal eye and a passionate attorney on your side. Call today or fill out our confidential online form for an initial case evaluation
“I have dealt with other attorneys and firms in the past and this was the most enjoyable experience I have had with a law firm. If I ever need help with a legal matter in the future, they will definitely be the first firm. I relate.” – Brian D.
Page Law has four offices (three in Missouri and one in Illinois) to better serve you. However, we can also come to you if necessary. The first step is to call us so we can create a plan and move forward together. Remember! No fees until we win! We will not charge attorney fees until we fix it. We will never send you a bill. In Missouri, both parents have a child support obligation, and since the custodial parent directly supports the child, the noncustodial parent’s support obligation is fulfilled by paying child support. A court can order support payments to the noncustodial parent even when the custodial parent has sufficient income to meet the needs of the child.
Missouri courts use “Form 14” to calculate child support. Courts must consider all relevant factors, including the following statutory factors pursuant to RSMO Section 452.340, in determining an obligation to pay child support:
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Although a copy of the Form 14 can be found at www.courts.mo.gov, determining the required information and other relevant factors can be very technical and should be discussed with your attorney.
One of the most confusing areas of the law is the area of child support arrearages and modification of child support obligations. First, to modify a child support order, the change in circumstances must be so significant and permanent that the payments become unreasonable. Specifically, if application of the above factors results in a change in child support of 20% or more, there is evidence of a significant change in circumstances.
However, one of the traps people fall into is not responding quickly enough when things change. Contact an attorney immediately if custody or financial circumstances change. After your motion is filed, the court can go back to the filing date and make any necessary adjustments from that point forward. If you continue to make voluntary payments without going to court, those payments cannot be recovered. Additionally, if you support a child without filing a lawsuit, you may not be able to recover your costs until you file. A good rule of thumb:
Can I get child support during a divorce or paternity proceeding or do I have to wait for a final decision?
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If you and your spouse cannot agree on an appropriate amount of child support during the divorce proceedings, or if your spouse refuses to pay you any, the court will issue a temporary child support order (called a child support order).
The most important factor used to calculate child support using Form 14 is gross income. Gross income includes all income, earned and unearned,
All deductions are made for taxes, pensions, insurance etc. Additional sources of income that many people don’t think about include income from trusts, commissions, overtime, tips, bonuses, dividends, interest, and more.
While many factors can affect your child support obligation, here are a few to consider:
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Day care expenses can increase the amount of child support if they are used to allow the parent receiving child support to work or attend school. Health insurance costs incurred by the foster parent can increase child support payments in some cases.
It may sound obvious, but the first step is to determine who the father of the child is. If the birth father signs an affidavit and is named on the birth certificate or has a positive DNA test, a presumption of paternity is established. If the father disputes paternity, the judge may order a DNA test. The next step is to file a paternity claim.
If I receive child support, will this income be taxed at the end of the year?
None actually, unless you agree otherwise, you’ll be able to claim the dependency exemption and child care credit at the end of the year. The tax implications of dealing with children often change and can be changed by agreement or court order in your particular case. Consult all court orders involving your case and, if necessary, a tax professional before filing.
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The point is that there must be a change in circumstances so significant and permanent that the payments become unreasonable. Specifically, if application of the above factors results in a change in child support of 20% or more, there is evidence of a significant change in circumstances.
Generally, the child support obligation ends when the child dies, marries, enters the military, becomes independent, or turns 18, unless the child is physically or mentally disabled or the child enrolls in a higher education program. Missouri’s child support laws differ from other states in that child support obligations can extend past high school. Child support obligations usually last until the child turns 18 or graduates from high school.
. Currently, if a child enrolls in “vocational or higher education” before October 1, the child support obligation continues as long as the child is enrolled in school and completes at least 12 hours of coursework. Achieving a passing grade in at least six hours in each course. Once the child reaches the age of 21 or “completes education”
, the child support obligation is fulfilled. Missouri’s child support laws after high school can be confusing and potentially dangerous for the unwary, so please consult a legal professional.
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No, child support obligations will continue. However, because a pre-filing of bankruptcy can affect many other aspects of a divorce, please contact an attorney immediately if you receive notice of the filing.
A gift that has no legal relationship with the stepchildren will not have a child support obligation and will not be granted custody. Children from a previous marriage must already be adequately supported by a child support order from a previous divorce or paternity agreement.
It is not necessary. You and your spouse can mutually agree to child support payments that are higher or lower than the guidelines recommend. However, if there is an order, child support must be consistent with that order until you consult an attorney.
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