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What Legal Rights Does a Non-Custodial Parent Have?

When it comes to child custody, the two main types of custody that can be awarded to parents are custodial and non-custodial. Custodial parents are the ones who have primary physical custody of the child, while non-custodial parents have visitation rights. Typically, the non-custodial parent may also have joint legal custody, which means they share some of the decision-making authority with the custodial parent.

There are a number of factors that can influence who is granted custody and what rights they have. These include:

  • The relationship between the parents (e.g., the parent’s plan for custody and parenting wishes)
  • The needs of the child ( [...]

Can you go to jail for credit card debt?

Back in the olden days of England there were things called “debtors’ prisons,” but those have long since been done away with in modern times. These days, no one goes to jail for credit card debt. However, credit card debt can cause all kinds of other hardships including stress, financial woes, low credit scores, and roadblocks to getting a home mortgage.

While you can’t be arrested or put in jail for past-due credit card payments, there are a few kinds of debt that could land you behind bars. For example, failure to pay federal taxes or filing fraudulent tax returns could result in going to jail. Or being in contempt of court by refusing to pay large overdue child su [...]

How To Establish a Corporate Veil

  • February 14, 2022
  • Kelvin Birk
  • Business

If you’re wondering how to establish a corporate veil, this blog seeks to answer that question. The way you establish your business from the outset – including the corporate structure you choose, the creation of your operating agreement, and the up-front capitalization – will determine, in part, whether your entity’s corporate veil can withstand potential future lawsuits.

You want to make sure that corporate owners and LLC members have all the protections available to them under the law. A corporate veil can shield owners’ and members’ personal assets, placing them beyond the reach of a business’s creditors.

What Is a Corporate Veil?

Our skil [...]

How to Classify an Independent Contractor vs. an Employee

The rise of the gig economy has stimulated a lot of discussion in the media regarding how to classify an independent contractor vs. an employee while staying on the right side of employment laws. If you’re an employer, you may see advantages to hiring contractors instead of employees, particularly when needs for workers expand and contract. However, if you aren’t fully aware of what legally differentiates the two, you could set yourself up for future legal problems and issues with the IRS.

Employee Classification Rules in the State of Missouri

All 50 states have their own rules for defining who is, and who isn't, an employee or contractor. The Missouri Department [...]

Do you need an attorney to form a Missouri LLC?

A limited liability company (LLC) is one legal structure you can choose when starting a business. There are several other structures, too. The value of an LLC is that it limits your personal liability like a corporation does while at the same time giving you the flexibility and lack of formality available through a sole proprietorship or partnership.

If you’ve chosen to move ahead with an LLC structure, you may be asking yourself, “do you need an attorney to form a Missouri LLC?” The short answer is no. You can form an LLC in Missouri by filing the legal paperwork yourself or by using a professional, online business formation service like LegalZoom. However, the longe [...]

Can Text Messages Be Used in a Divorce?

Sometimes both parties agree to file for divorce and can agree on all aspects of divorce, including time-sharing and division of assets. However, some divorces are contentious, and the parties can barely speak to each other, never mind agreeing on everything. One spouse might be so upset over the other spouse's behavior that he or she wants nothing to do with that person. In some cases, you might have to prove that your spouse's behavior is the reason for divorce. In most cases, it ends up being your word against your spouse's unless you can find proof. Can text messages be used in a divorce to prove infidelity or other behavior?

Can My Texts Be Used Against Me in a Divorce?

How child support is calculated in Missouri

There are many factors that go into calculating child support in Missouri. Not surprisingly, every family is different, and the court will try to match a fair dollar amount to each family’s unique set of needs. Some factors that impact how child support is calculated in Missouri include:

  • Number of children
  • Income of both parents
  • Cost of healthcare
  • Cost of daycare
  • College costs
  • Extraordinary medical costs
  • How many annual overnight visits the non-custodial parent has

Missouri uses the

Avoiding Probate in Missouri

Going through probate can be time consuming and expensive, so it’s a good idea to do everything you can to avoid probate or to streamline the probate process. With a little planning, avoiding probate in Missouri is possible, and our skilled probate attorney can show you how.

The most obvious things to do to avoid probate include:

  • Work with a professional to create a living trust
  • Make your financial accounts “payable on death”
  • Make your securities “transferable on death”
  • Establish joint ownership of real estate and other property
  • Create transfer-on-death deeds for real estate
  • Create transfe [...]

How to declare bankruptcy on credit cards

Falling behind on credit card debt can leave you feeling overwhelmed and trapped. Large credit card debt causes a domino effect of cascading problems. First, if your credit cards are maxed out, then just making minimum payments can mean lots of money, which leaves less for day-to-day living expenses. You can also incur late fees and over-the-limit fees, which cause the total amount you owe to keep climbing. If you fall far enough behind, your debt can go into collections, and you face constant harassing phone calls from collections agencies. Finally, overdue debt can be hard on your credit score, causing it to tumble.

If you face overwhelming debt, it may be time to declare [...]

When Should I Update My Estate Plan?

Creating an estate plan is one of the most important things you can do to protect and provide for your family in the future.  With a little bit of time and a skilled estate planning attorney, you can create a customized trust or will and estate plan that anticipates your unique needs and leverages the most advantageous use of your assets.

Whether it’s by providing for heirs, avoiding onerous taxes, overseeing property and real estate or creating charitable giving opportunities, an estate plan can lay out all of your current and future wishes in a neat and comprehensive document. To ensure the bes [...]