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Lucy, Esq.
Lucy, Esq., Lawyer
Category: Family Law
Satisfied Customers: 28809
Experience:  Attorney with experience in family law.
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I live in Colorado and my kids live with their dad in

Customer Question

I live in Colorado and my kids live with their dad in Missouri and lives on the daughters
SSI and I work minimum wage (been unable to work for almost 3 months due to medical) and received a notice that I am to pay child support and in the divorce papers, it states $0 and cannot be contested. I have not quite three weeks to respond to the papers and am trying to find out if I can get a lawyer in Colorado or does it need to be from Missouri and what I need to do to respond to the papers.
Submitted: 1 year ago.
Category: Family Law
Expert:  Lucy, Esq. replied 1 year ago.
Hi,

My name is ***** ***** I'd be happy to answer your questions today. I'm sorry to hear about your situation.
To respond to court papers filed in Missouri, a lawyer has to be licensed in Missouri. Lawyers charge for their time in traveling to the courthouse, so it's often better not to use someone from another state unless you have a pre-existing relationship with them or substantial assets.
If the divorce papers state that you can never be asked to pay child support, you have the ability to file a Motion to Dismiss, with a copy of the original court order attached. Under the full faith and credit clause to the US Constitution, a Missouri Court is bound by a valid Colorado court order. Also, if the case was originally heard in Colorado, you can ask that the Missouri case be dismissed for lack of jurisdiction - the Colorado court retains jurisdiction over any changes to the order if that's where the case was originally heard. It cannot be transferred unless you agree or he files a motion first. Both of those reasons for dismissing the case can be combined into one motion.
It's important that you are 100% satisfied with my courtesy and professionalism. Thank you.
Customer: replied 1 year ago.
the divorce was in Missouri in Washington County and now the Dad lives in Doniphan, MO and the paperwork is from Washington County. He does not abide with the visitation rights she has or phone privileges and she has not been able to
have her girls the last two summers for the two weeks.
Expert:  Lucy, Esq. replied 1 year ago.
Thank you.
In that case, the hearing is being held in the right place. If you want to hire an attorney, you'll need one who is licensed in Missouri. You're allowed to reply on your own to explain that there hasn't been any sort of change in circumstances that would justify the change and the original order is non-modifiable.
If he's not filing the order, you can file a Motion for Contempt at the same time, explaining what he's not doing (attach a copy of the original order) and asking that he be ordered to pay fines for his non-compliance and follow the order from now on.

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