Heitman Law
Support and Custody Modification | Juvenile Law, Abuse and Neglect | Adoption
Other Family Law Matters
Documents to Bring with You to Your Appointment
Divorce
Divorce, also referred to as dissolution, can be one of the most difficult situations a person will face. That is why it is important to have an attorney you can trust. At Heitman Law Firm, L.L.C. we handle all issues that might arise during a divorce, including child support, child custody, maintenance, or alimony, legal separation, division of property, mediation of a divorce, and many other related issues.
When choosing an attorney a potential divorce client should seek an attorney that will protect their interests. It is our firm’s practice to prepare each divorce from the very beginning with the detail that would be necessary to take the case to trial. The end result ensures that if a settlement is reached, our client is receiving a fair settlement.
Many divorces will settle before going to trial. It is our goal to avoid the expense and stress that trial can place on our client if it is appropriate in the situation. Our firm does not believe in advising our clients to continue towards trial if a cost/benefit analysis reveals that it is detrimental to the client’s interests.
Contact: Megan K. Heitman
Custody can become an emotional issue when parents divorce. Custody can also be at issue in a paternity suit. The overriding consideration for Missouri courts when deciding custody issues is the best interests of the child, although that can be hard to determine. At Heitman Law Firm, L.L.C. we are experienced in dealing with sole legal custody, sole physical custody, joint legal custody joint physical custody and all of their variations. Such legal jargon can be confusing when dealing with custody issues, which is why it is important to have an attorney that can explain the long-term effects each type of custodial arrangement will have on your and your children.
Sole physical custody means that the child will spend most of his or her time residing with one parent and the other parent will have a smaller amount of custodial time with the child. When joint legal custody is awarded in conjunction with sole physical custody, any decisions regarding education, religion, medical treatment or other major decisions in your child’s life, both parents will need to cooperate to make the decision they believe is best for their child.
Sole legal custody allows one parent to make the major decisions in a child’s life without that parent having to consult the other parent. When sole physical custody is awarded in conjunction with sole legal custody, the parent that does not have custody of the child (non-custodial parent) will receive visitation with the child. Visitation is so termed because it allows that non-custodial parent less time than that parent would have likely received if they had been awarded joint physical custody.
The final undefined custodial arrangement is joint physical custody. There are a wide variety of arrangements that are encompassed by joint physical custody. One parent having the children every other weekend and one night per week can be defined as joint physical custody. One parent having the children for three weeknights one week and two weeknights the next week and every other weekend can be defined as joint physical custody. One parent having the child for one full week and the other parent having the child the next full week can also be defined as joint physical custody. It really depends on what custodial arrangement will work best to foster the interests of your children. At Heitman Law Firm, L.L.C. it is always our practice to have an in-depth and candid discussion about what you thin is best for your children.
To print and read a sample custody and visitation schedule:
Contact: Megan K. Heitman
Child support can feel like a life saver to some parents and an anchor to others. At Heitman Law Firm, L.L.C. we will discuss very early on what you may expect to receive in child support or what you may expect to pay in child support. We feel it is very important to keep our clients fully informed as to how child support may affect them.
It is our practice to sit down with each prospective client in the initial consultation and prepare the form approved by the Missouri courts that will give us a closed approximation of what you may expect to receive or pay in child support. This form is called a Form 14 and it is based upon the amount of child support the Missouri courts feel is necessary to support the number of children you have on the combined income of both parents. This form will give each parent credit for the amount he or she is currently paying, or may be paying in the future, for health care, day care or other extraordinary expense. It also gives the parent that may be responsible for paying support a credit for the amount of time the child is actually spends in that parent’s custody.
Even from the description of the Form 14 it is clear that a knowledgeable and experienced attorney is a necessity when child support is at issue. We have dealt with child support issues on numerous occasions. In fact, on every case that involves children we discuss the Form 14, even if it later turns out that the form is not used in your specific case. That way, similar to our settlement strategy, you will know if you are paying a fair amount of child support.
Contact: Megan K. Heitman
In the past, maintenance was referred to as alimony. That word seems to have taken on a negative connotation so the Missouri Bar decided that maintenance was a better way to refer to spousal support. The negative connotation that the term alimony took on wasn’t all for not. The involvement of maintenance in a divorce necessitates the involvement of a detail-oriented and experienced attorney that will keep your future interests always prevalent in their mind.
Whether you are a spouse seeking maintenance or a spouse who might anticipate having to pay maintenance we will be certain that your interests are protected. Similar to our approach to settlement and child support, a potential candidate for receiving or paying maintenance will be asked to discuss this early on in your case.
The Missouri courts have established a cursory way to determine if you might be a potential candidate for receiving or paying maintenance. The first example might be if you have had a long marriage to your spouse. No exact year figure can be placed in this equation, but a marriage of over 20 years would likely be a good candidate. The second example might be if either spouse makes significantly more money than the other spouse. Again, there is no exact number that would fit into the equation that could tell you for certain if you are a likely candidate, but if there is a large gap between the two spouse’s incomes the issue of maintenance should be addressed. Finally, the third example might be if one spouse had forgone their own education to help financially support the other spouse while he or she furthered their education or if one spouse had forgone his or her own career as a result of a joint decision that that spouse would stay home and care for the home and/or children.
Meeting a single one of the above-listed criteria is not likely to make you a good candidate to receive or pay maintenance. However, if you or your spouse meet two or more of the criteria you would certainly want to discuss the likelihood of receiving or paying maintenance with us.
Contact: Megan K. Heitman
Paternity, or the determination of the natural father of a child, is generally not at issue in divorce situations. That is because Missouri law presumes that if a child is born during the marriage that child is the biological child of the husband. In situations where children are born out of wedlock, the case might not be so cut and dry, and we can give you experienced, confidential advice on what decisions need to be made in your individual circumstance.
At issue in a paternity action are usually the declaration of paternity or determination of a father and child relationship, custody and/or visitation and child support. For more information on specific issues that arise with custody, visitation and child support please refer to the sections above. In regard to declaration of paternity, the father, mother or a man who might question that he is the father of a child seeking to determine the existence or nonexistence of a father child relationship. This can be done in one of several ways.
First, the man in question can admit that he is the father of the child and accept responsibility by executing an affidavit at the time of the birth of the child, including the child’s birth certificate. The issue of child support, if applicable, and terms of custody or visitation with the child can be dealt with at that time by filing the appropriate requests with the court.
Second, the court can order that a paternity test be performed on the man in question and the child. This is generally a non-invasive swab test inside the mouth of both the man and child.
Third, the man, if named by the mother on the birth certificate, can file for the formal determination of the father and child relationship with the Court that is located in the county where the child resides.
In many instances, the Division of Child Support Enforcement may seek to have a man declared the father of a child so that he is responsible for paying child support. Simply because a man is obligated to pay child support does not mean that a custody order has been put in place so that he can be granted visitation or custody rights with his child. You will want to seek the advice of an experienced attorney to seek custody or visitation.
Contact: Megan K. Heitman
A modification is usually one parent seeking to modify an order of the court from a prior divorce or custody order. However, it can also be a former spouse seeking to modify an order of the court in regard to maintenance. By the time you start to discuss modification you are probably familiar with the workings of divorce, maintenance, custody, child support and other issues that are related. Also, you are probably familiar with hiring an attorney and what you would look for the second time around.
The Missouri courts have established what is necessary to modify a prior order of the court in regard to custody or maintenance. The standard that must be met by the party seeking to modify the order is that since the date of the order, there has been a change in circumstances, so substantial as to make the terms of the order unreasonable, and as a result of the changed circumstances, a modification of the previously entered order is necessary. Some examples of when this may occur are when there has been an increase or decrease in the income of either parent which would result in a 20% change of the child support amount previously ordered, when one parent has moved and the custodial arrangement is no longer plausible or, in regard to maintenance, when the obligated spouse loses his or her source of income immediately.
There are too many circumstances to name that might necessitate the modification of a prior court order. One thing is certain however, you will need an attorney who has dealt specifically with modification in the past. We have dealt with modifications and know the special considerations that must be taken into account when determining if a modification is right for you.
Contact: Megan K. Heitman
Under Missouri law, the age at which you are considered an adult varies based on the circumstances. For example, you must be 21 to possess, use or purchase alcoholic beverages, but you only have to be 15 ½ to be treated as an adult under Missouri’s traffic laws. This is just one example of various situations in which a person believes they are a juvenile and may be called a juvenile, but is treated as an adult by the law. Because there are so many different laws that affect juveniles differently, you will need an attorney that is knowledgeable and experienced in this area. Megan K. Heitman is that attorney.
Additionally, in circumstances where a child where a child has been taken into custody by the county juvenile office, either due to allegations of abuse or neglect in the home or due to the acts of the child, we have extensive experience in representing both the parents and the children. It is important in this situation that action is taken quickly by the parents and that the family’s rights are protected so please don’t hesitate to contact us. The quicker a representative can begin dealing with the appropriate authorities on your behalf, the ore likely it is that family can be reunited.
Contact: Megan K. Heitman
Heitman Law Firm, L.L.C. can help you with adoption issues in Missouri. We will provide you with sound, confidential advice in regard to you adoption, including informing you of the process, the time frame you should expect for completion of the adoption and the estimated cost of the adoption.
When most people refer to “adoption” they are referring to the scenario when a non-related person seeks to adopt either a child or an adult. However, adoption also occurs when a step-parent might want to adopt a child born to their current spouse or when a grandparent or relative of a child wants to adopt a child from their current parents. In all of these cases, the overriding consideration for Missouri courts when deciding whether to approve an adoption is the best interests of the child.
Heitman Law Firm, L.L.C. has experience dealing with all three types of adoption. Adoption can be a very positive thing in the life of a child. However, it can also be very emotion for all parties involved.
Contact: Megan K. Heitman
The following situations are commonly related to other family law matter. At Heitman Law Firm, L.L.C. we have extensive experience and can assist you with all family law legal issues.
Grandparent’s Rights Issues – Many grandparents are unable to see their grandchildren because on the parents involved is denying visitation. If you are in this situation you should contact us to see what your options are.
Ex Parte Orders of Protection – Do you feel that you are in immediate and present danger of abuse by another person? If so, you should contact us to discuss your remedies.
Child Protective Orders – Do you feel that your child or children are in an immediate and present danger of abuse by another person? If so, you should contact us to discuss your remedies.
Revising Wills following a divorce – As is often the case after a divorce, many people want to restructure their prior estate planning to reflect the recent change in their life.
Drafting Real Estate Documents following a divorce – If you and your spouse own and real property (land, marital home, vacation home, time shares, etc.) together, you will want to file a deed with the Recorder of Deeds in the county where the real property is located. You will want to discus with us how this is done.
Pre-Nuptial and Anti-Nuptial Agreements- If you are thinking about getting married or remarried and you have accumulated property that you want to reserve for your children or for yourself, you might want to consider having one of our family law attorneys draft a pre-nuptial or anti-nuptial agreement that protects your interests.
Contact: Megan K. Heitman
Documents to Bring with You to Your Appointment