Legal Question in Family Law in Missouri
Here is my situation and any advice is greatly appreciated. I was originally divorced in 2009 in Missouri court. When we were divorced I gave my ex wife sole physical custody and joint legal custody with a 0 award for child support. At this time she was obviously willing to work out whatever the kids need and go from there. The kids even though she had sole physical custody lived with me most of the time.
I moved out of the state and my oldest son went with me to live in PA. She now has our two youngest children living with her. She just recently took me back to court to modify the previous divorce to change child support based on situations changing. This I have no problem with as they are also my responsibility. This is where it gets somewhat ugly. I was not able to attend the hearing today in Missouri due to other obligations.. but I was ensured that they had all the proper documentation for incomes and there should be no reason for me to be there. I was wrong.
Let me tell you some background I was medically retired from the Air Force with back problems. I have been awarded 70 percent disability from the VA and receive VA compensation instead of retirement pay. This is my sole income and it totals 1550 a month. What the judge ruled today is that she was entitled to 556 a month child support. What she did was she took my VA disability compensation and said because I was not working she added current minimum wage rate at 40 hours a week. So instead of just counting my current income which is 1550 a month she added on top of that what I would make at 40 hours a week at minimum wage. I don't think this is right. My ex-wife makes 2550 a month and I make 1550 a month. There is no way I can support my oldest son living with me and myself if I am ordered to pay her 556 a month. Oh btw she also submitted a second order stating she wants half of my retirement pay as it should have been divided as a marital asset and I purposely didn't tell her this. I have been receiving VA disability and NOT military retirement pay since NOV of 2007, way before we even divorced.... which I previously mentioned I do not receive retirement pay.
Any help is appreciated as it is very difficult for me to afford a lawyer. Thank you.
1 Answer from Attorneys
No matter how difficult it is for you, you need to hire the very best domestic relations attorney you can find to represent you. Isn't it fairly obvious to you that the legal system does not protect someone who fails to hire an attorney and then fails to appear in court? It may not be possible to undo the damagae you have already done, but you should at least hire an attorney to find out what, if anything, can be done.
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