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Ely, Counselor at Law
Category: Family Law
Satisfied Customers: 102310
Experience:  Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
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In Missouri GIVEN Father and Mother have joint legal custody

Resolved Question:

In Missouri: GIVEN: Father and Mother have joint legal custody of minor child, father has sole physical custody. Mother is currently paying support to the Father for the child. She has remarried since the prior Modification. Now Mother files another Motion to Modify, asks for sole physical custody and files revised Parenting Plan which includes amount of child support Father will have to pay her if she gets custody. Father is representing himself, has filed answer and, subsequently, finds that wife should have been paying him much more support because of her remarriage. Question: Can Father take this matter up in his answer, as a rebuttal to amount of support requested in Mother's Parenting Plan, along with other changes he wants OR does he need to file a new Motion to Modify for the purpose of revising the Parenting Plan to seek an increase in support and change other provisions.
Submitted: 6 years ago.
Category: Family Law
Expert:  Ely replied 6 years ago.

Welcome to JustAnswer and thank you for the opportunity to assist you. Please remember that there might be a delay between your follow up questions and my answers because I may be helping other clients or taking a break.

Have any temporary orders been rendered that modify the custody while this overall modification by the mother is pending?
Customer: replied 6 years ago.
Expert:  Ely replied 6 years ago.
Thank you.

And both cases have the same cause number, correct?
Customer: replied 6 years ago.
I/m not following you -- there is currently only one case before the court -- i.e. the Mother's Motion to Modify. In that Motion she filed a new Parenting Plan which Father takes exception to. Does FAther have to file a new Motion to Modify - with new case number- to ask for increase in child support and make other changes to the Pareenting Plan or can he just file, in his answer to Mother's current motion, a revised Parenting Plan requesting more support and other changes. ?
Expert:  Ely replied 6 years ago.
I see what you mean. The answer is no. The father can file a cross-claim in the same matter.

If he has already filed an Answer, he'd file an Amended Answer and Counter-Petition.

If he has yet to file an answer, he would file an Answer and Counter-Petition.

But he would be doing so in the same matter as the one that she filed, and the Court would entertain both petitions at the same time.

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Customer: replied 6 years ago.
have appt. must leave -will be back with you inabout 2 hrs i get what you are saying
Expert:  Ely replied 6 years ago.
Of course.