Legal Question in Family Law in Missouri
communication prior to modification of visitaion/seeking addition of support
I am seeking to modify a modification. My ex was ordered to pay half of the previous modification, and in the original decree, half of ''reasonable'' medical expenses. We had a verbal agreemant that he would reimburse me half of all daycare and school costs in an effort to avoid a set support amount in what began as a friendly divorce. I have yet to see any reimburesement. I intend to ask for this in the modification. Should I detail what I am seeking prior to going to court to give him a chance to pay, or just wait? I asked repeatedly a year and more ago, but when met with threats, I gave up. I fear that if I don't give him a list of the expenses he owes, he may come back with a response of, ''She never asked me, or gave me any amount that I owed her.'' Since I get no support, and we are both making about the same hourly wage, I am also seeking to have a set amount ordered. He laughed and said I gave up my right to support when I didn't ask for it in the first place. What do you think on both issues?
2 Answers from Attorneys
Re: communication prior to modification of visitaion/seeking addition of support
It sounds like you are attempting to do this w/o legal counsel. . .that isn't a wise decision in my opinion. Yes, I believe you should itemize what you believe is his 'share' of medical, etc, expenses. . .send the request to him by certified mail, return receipt requested, in order that you can show that he received your request (you should retain a copy). If u're asking about alimony/maintenance being assessed after the divorce has been taken, unless you can show some kind of fraud, that issue will not be addressed by the court now if you didn't then. You really should retain legal assistance w/this matter. Good luck.
Re: communication prior to modification of visitaion/seeking addition of support
The subject line to your question suggests that you have a Missouri legal question. Were you divorced in the state of Missouri? If so, in which county? Were you represented by legal counsel? Has the original court Order been modified? All of these questions would need to be answered before I could provide you with any competent legal advice. Generally speaking, I can tell you that you can not waive your right to child support by failing to obtain it in the original proceeding. Also, after you have made a demand upon your ex for reimbursement of expenses, a court may consider all of the evidence, but if there is no court Order requiring your ex to pay, then it is unlikely that a court will require your ex to do so. Still, a court may Order payment of one-half uncovered medical expenses for the children in additon to ordering medical insurance coverage, and also one half of the children's educational expenses in addition to child support. My suggestions are based upon Missouri law and Missouri courts. If you are not already represented by legal counsel and this matter is in the eastern half of Missouri, you may contact me for a free telephone consultation at 314-727-2822.
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