The Faulstich Law Firm P.C.
130 S. Bemiston
Suite 604
Clayton, MO 63105
(314) 260-7823
The Faulstich Law Firm P.C.
130 S. Bemiston
Suite 604
Clayton, MO 63105
(314) 260-7823
The Faulstich Law Firm. St. Louis Family Law Attorneys.
My Blog
Posted on February 19, 2020 at 4:50 PM |
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So you are looking to file a child custody or child support case but you do not want to hire an attorney to handle every aspect of the case because that would be cost prohibitive. For the most part you want to be hands on and handle the case yourself. However, there may be some small aspects of the case that require legal expertise. For those issues you can us "Limited Scope Representation" as an affordable option that will allow you to get what legal expertise you may need without breaking the bank. If you decide to go this route you will need to set out the parameters of representation in a limited legal services contract. The best way to do that is to set an appointment to discuss what it is that you want and need and then sign a written document evidencing exactly what it is that will be expected from the attorney. Our office can help you with those details and enter our limited appearance in your case, if that is what is outlined in the agreement. If an Entry of Limited Appearance is filed in your case and once the work outlined in the limited scope representation agreement is completed a Termination of Limited Appearance will be filed with the Court and the attorney's work in the case will end. However, an attorney is not required to file an Entry of Limited Appearance in every case. Work can be completed without an attorney ever entering their appearance in your case. If you are interested in this type of representation, please give my office a call to set an appointment. Let my assistant know that your office visit is to discuss possible "Limited Scope Representation." The phone number for The Faulstich Law Firm is 314-260-7823. |
Posted on June 17, 2016 at 11:54 AM |
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In every Divorce where children are involved, a parenting
plan is required by the court. A parenting plan lays out the basic perimeters
of the custody of the child as well as the support of the child. Part A of the
Parenting Plan deals with the legal and physical custody of the child. Part B
deals with the monetary issues that arise when parenting a child (for instance
health insurance costs, extracurricular costs and child support itself).
Unfortunately, when Children are involved in a divorce, there's always a good
chance that you are going to have to go back to court some day to modify the
agreement that you have made in your initial divorce. Children's lives will
change and so will yours throughout the years. What may have worked before may
not work five or ten years down the road. For instance, when you have very small children, between the
ages of zero and five, the children are not in school yet. This makes for a
very different schedule than when the children are in school. Additionally,
smaller children need more frequent periods of visitation with both parents if
possible. Many publications on the early psychological development of children
back this up and the courts have taken notice. This is a well-accepted rule and
something that should be taken into account when the children are young. A week
on, week off schedule may work well for you but realistically children this
small shouldn't be away from the other parent for that long. It's well
established that this is an important bonding period that requires frequent
contact more so than later stages of a child's life. Also, day care needs will change. The older a child gets,
the less child care the child needs. Many parents decide that by the time a
child is high school age that he or she can watch him or herself completely.
Prior to that time, some after school care or before school care might be
required. And in the very early years, constant daily child care is usually
required until the child reaches school age. This matters a great deal because
depending on how the child care costs are calculated into the Parenting Plan Part
B and the Form 14 (the form that calculates child support numbers), this can
drastically change the amount of money one parent owes to the other for
support. And more importantly, this will affect the custody schedule as well. It is also not unusual for a parent to find a new job or
remarry and move. This can be tricky. Sometimes later in life it will become apparent
that a child has a special learning need and that needs to be accounted for as
well. So many things can change over time that will affect the plan that was
originally agreed upon. In general, your life will change. The younger your child
is, the more time there is for your life to change and for that to affect them—making it
imperative that a new order be written. I like to try to account for every
change I can at the time of the initial Dissolution or Paternity, but it's
difficult to anticipate the future perfectly and account for every twist and
turn. It's important that when things do inevitably change for you and your
family that the order is modified. It's best to do this before problems occur
and you and the other parent cannot agree on new terms that are appropriate for
the children. Many times, thousands of dollars can be saved by creating a
Consent Order while there is a high level of agreement about the change that
needs to be made. This can be done without litigation and I think that is
attractive to a lot of parents. There are enough stresses raising a child in
two separate households as it is. Planning is key to a less stressful and
successful division of the responsibilities of parenting of young children. |
Posted on June 10, 2016 at 3:58 PM |
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Mediation can be a good tool for certain sets of people in
family law cases. In some jurisdictions, a certain amount of mediation is
required before you delve too deeply into your court case. Mediation can help
facilitate settlement. However, if the two parties are too far apart or have
poor communication skills with each other, mediation can be an expensive detour
from the process. Some cases are made for mediation and some are not. A good
attorney can tell the difference. Some might be in a grey area. A good attorney
can tell you that as well. In my experience, a lot of people look to mediation
to keep costs down. Also in my experience, it rarely does that. If money is
truly an issue, I would probably suggest to a client that each party talk to an
attorney to see if this case is right for mediation. If both say yes, then try
mediation. In this way, you will only have a consult fee for an attorney (one
for you and one for spouse or ex-spouse in the case of modifications) and then
also pay a mediator for his or her time. On the other hand, without at least
doing a consult first, you may think your case is ripe for mediation and find
out that it is not and that you cannot come to an agreement. At that point, you
have to do everything you would have had to do in the court system and you've
already spent a great deal of money in mediation, perhaps as much or more than
you would have spent on a retainer. And
additionally, no progress has been made. A consult might also give you an idea
of the range of what you can reasonably expect if the case went to trial so you
know that you are not agreeing to a bad deal for yourself. |
Posted on July 17, 2015 at 10:52 AM |
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Recently I handled a case in which Grandparent Rights were
at issue. As I have written before on this blog, Grandparent Rights are not as
strong as a Grandparent might hope for or expect. There are only special
circumstances in which a grandparent may ask for rights. Many times this is in
a divorce case or a modification of the order from that previous divorce case
in regards to the child custody portion of that divorce case. The law allows for Grandparents to Intervene in Divorce
cases and Modification of Child Custody cases. It also allows for Grandparents
to request rights in other ways, under other circumstances. However, there is a
loophole in the law as it exists at this moment. Consider this circumstance: A couple has children together.
They split—either by divorce or just split as a couple. Either the couple goes
through a divorce and comes up with a custody plan or the unmarried couple
splits, no court required. A grandparent has a chance to intervene here in the
divorce. In the second situation, the grandparent does not because there is no
court proceeding to intervene in. The grandparents have been close to the
children for years, but the grandparents believe that the dissolution is their
son or daughter's own business and they don't want to get mixed up in their
case. This is a legitimate consideration. Divorces are messy. Many times these
proceedings can bring out the worst in people, and in this case it's grandma
and grandpa's son and daughter-in-law or vice versa. Grandma and Grandpa don't
want to see this part of their son or daughter and they don't want to hear the
accusations the other spouse has. The reluctance of a grandparent to intervene could very well
be a mistake that costs them their right to have a relationship with their
grandchildren. In many instances, this is something that you can go back and
ask for but here is the rest of the scenario: Grandma
and Grandpa's son or daughter dies. Son or daughter is in a car accident. Son
or daughter has a terminal illness like cancer and passes. Perhaps son or
daughter dies some other way. Terrible things happen all the time. One of the things we do
as lawyers is prepare people for those terrible things and hope they never come
to pass. If grandparent does not intervene and does not ask for grandparent
rights before son or daughter's death, their rights to see their grandchildren
could be in jeopardy. When son or daughter dies, past daughter-in-law or
son-in-law may request the court for their current partner to adopt the son or
daughter's children. As of now, the law has explicitly disallowed grandparents (whose
son or daughter is the deceased ex-spouse) from intervening in an adoption.
Once an adoption has occurred, all grandparent rights cease for the
grandparents (whose son or daughter is the decease ex-spouse). BOTTOM LINE: Intervening when the opportunity presents may
allow an attorney to add language to court documents that can preserve your
rights. |
Posted on January 21, 2015 at 12:22 PM |
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(1)
Not understanding the law and what you are
entitled to before agreeing to a Settlement agreement. For example, a lot of
potential payors on child support or maintenance don't realize how much the law
and the legal landscape has changed in the past decade, and therefore they end
up paying far too much, because of their preconceived notions and expectations
about what they were going to have to pay (notions which are probably based on
outdated societal expectations). Recently, higher credits for noncustodial
parents were allowed, but you have to know how to ask for them and why. Also: a
lot of spouses leave huge assets on the table that they are legally entitled to
have. This happens commonly with retirement accounts but also happens with
other assets. (2)
Not knowing how to collect the assets that you
are awarded in the divorce case. This is a problem with child support. This is
also a problem very commonly with retirement accounts. Litigants don't
understand that collecting these does not automatically happen when the court
enters their orders. More paperwork is many times required especially in the
two above-mentioned situations. As an attorney, I know that some people will need to do some of the legwork on their own, but a
great time to consult an attorney is when you have been offered Settlement
Documents by the opposing side. An attorney can charge you just for the few
hours to review the document and consult with you about your rights. This is
well worth the expense for any litigant. Additionally, if that attorney knows
your final Settlement agreement, she can advise you on what you will need to do
to collect your assets. Something easily defined like the required order to get
to retirement assets or the required request for child support payments
directly from noncustodial parent's workplace can also be accomplished on a
"flat fee", which means that you will know how expensive the work is
before the attorney does it. This is not a viable option with an attorney for a
full dissolution proceeding because of the unpredictability of the work needed,
but it is an option at these very specific points in the case. |
Posted on January 19, 2015 at 2:10 PM |
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You can file a dissolution on your own. Depending on what
county you are in, some may be more difficult than others. For instance, here
in Missouri, in St. Louis County, there are some services set up to help with
this. On the other hand, the surrounding counties like St. Charles, Franklin
County, St. Louis City (separate from St. Louis County), and Jefferson County,
which admittedly are much smaller, do not have the same resources.
Additionally, none of these resources can give you free legal advice. For legal advice, you need to hire an attorney. Some people
may qualify for legal aid with places like LSEM or CLAM, but many do not and,
these organizations do have problems meeting the huge need for their services
even for people that do financially qualify. If you look up federal poverty
guidelines, you will get an idea of who qualifies. The levels are extremely low
and depending on the size of household, can be between income of approximately
$14,000 a year and $35,000 a year in income.
The legal community sees that there is a need for people
beyond these lower limits that is not being met. It offers as a solution
Limited Scope Representation. You can represent yourself for most of the case,
but get legal advice when you need it. Bottomline: You can file a dissolution yourself, but you may
want some advice along the way. |
Posted on January 16, 2015 at 4:38 PM |
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The answer to this is yes. You can always try to start the
process and call an attorney later if you feel the need. This might not be
advisable for a number of reasons, but if you need one, late is better than
never. That said, there will be times where most attorneys will refuse to jump
into the case. Taking on the responsibility of representing someone is
something that we take seriously. Coming into a case midway means a lot of
catchup for an attorney who has not been involved with the previous
proceedings. They will need to know the history of the case by, at the very least,
acquiring a copy of the court file and speaking with the opposing party's
representation. Sometimes we will see the need to collect further evidence,
which can take time—not atypically, months of time. If you think you need an attorney, the very latest a prudent
person should get counsel is at least a month before any planned trial.
Depending on the circumstances, some attorneys may still refuse to get involved
at this late date. We want to be prepared and maintain our reputation in doing
so. If we feel we cannot meet those standards in a certain time frame, we may
decline representation. We are also ethically obligated to provide diligent,
competent services and shortening the timeline makes it that much harder to do
so. On the other hand, if we think it is likely we can get a continuance of the
trial date, we may jump into the case at a late date. Some courtrooms are more
likely to do this than others. This has to do with the judge but also has to do
with the docketing system. Some judges simply cannot afford to move a trial
because their schedule or "docket" would be so backed up, cases would
be delayed for an unduly long period of time. |
Posted on September 26, 2014 at 4:38 PM |
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When you marry, that act has many legal repercussions
involving how your finances are treated and your children are treated in the
eyes of the law. Therefore, it makes sense that when you are dismantling this
legal union that you will be asked to provide a great deal of information about
both finances and your children if you have them. You will be asked to provide information about your income.
Information that you will need will be broken down on paystubs and W-2s that
will be helpful in providing the court with this information. You might also
need to provide bank statements or credit card statements. Healthcare
information for vision, dental and general healthcare may need to be provided.
You will need information on retirement accounts. Assets that you have will
need documentation. For most people this at least includes a house and a car or
two, and the loans and mortgages underlying those. Even if there is no loan on
a car or a house, values will need to be provided. Depending on what financial
information you need, you might want advice on specific forms or information
that would be helpful in proving the value of assets. You might also want
advice about income. Just because you make a certain amount of money does not
necessarily mean that the opposing party cannot impute income to you above and
beyond your current wages for the purposes of maintenance and child support. If you have children, you will be asked for information on
how you will provide for their care. Some of this is intertwined with the above
financial information, such as income being tied to child support. You might be
asked about day care providers and costs, even travel out of town for work. You
will also be asked to create a picture of how you imagine sharing time with
your children with your soon-to-be ex-spouse. You may be asked about their
doctors, dentists, therapists and counselors. Bottom line: You will be asked for a great deal of
information pertaining to your finances and your children. Organizing these and
having access to this information will help you start the process or respond if
your spouse initiates the dissolution. This list is just the tip of the iceberg
in a contested case. |
Posted on September 25, 2014 at 4:51 PM |
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You will need to make what is called an initial filing. This
begins the divorce process, which in Missouri is legally referred to as a
"dissolution". An initial filing will include multiple documents. You
will need to provide court approved forms for some of these. Some of the
documents will ask for simple data like birthdate and date of marriage. Others
are more complex and will require you to "plead" certain information
based upon legal statute (a type of law). Also, these will need to be served
upon the respondent, which in this case would be your spouse or your spouse's
attorney. This cannot be accomplished via regular mail for a dissolution
proceeding. Like most litigants, even after you look into this yourself,
you will probably have questions. You do not want to "mess this up"
or make a mistake that could have negative legal repercussions. This is
perfectly normal, and perfectly justified. The simplest course is to retain an
attorney who can answer all of your questions, help you to file for
dissolution, and represent you at court hearings along the way. This would be
ideal. This proceeding will touch every aspect of your life, the largest
repercussions usually being financially related and/or related to parenting.
The court will decide and enforce some very private aspects of your life. However, I realize as an attorney that not everyone can
afford a full retainer, and while fully retaining an attorney will be the ideal
situation, there is another alternative if you simply cannot afford an
attorney: This is called Limited Scope Representation. At the very least, on
the simple side of the Limited Scope spectrum, you can have an initial consult
and ask some questions that you have after you have done your research and then
have an attorney look over your filings to make sure there are no red flags or
additional documents that you need. This is a popular option when marital
assets are below six figures. Anything above six figures and you will likely
find in the long run (many cases take over a year to resolve) that having an
attorney was worth the cost but you can ask about what suits you best at an
initial consultation as well. |
Posted on July 23, 2014 at 1:04 PM |
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As discussed in previous blog entries, Missouri has a law
for relocation after a divorce when you have children that are still living
under the parenting plan that was created during the initial proceeding. For a
smooth transition to a new parenting plan, it is imperative that a parent
planning to move understand the requirements under the statute. Not only can insufficient
notice cause you to lose some of the custody rights that you previously
enjoyed, but it can also cause your move to become practically speaking very
difficult. Many times when parents are planning a move, it is centered
around a big life event. For instance, many parents remarry and move in with
their new spouse. Sometimes parents move for better career opportunities,
usually with a specific new job waiting for them with a set start date. A move
is no small event for most people. It can require timing of shipments of your
personal belongings, purchasing airplane tickets, selling your previous
residence, storing personal belongings, enrollment of a child in school along
with a myriad of other factors. As soon as you know that you want to move, you should
consult an attorney. An attorney will be able to attack custody and support
issues head-on and make the transition process as smooth as possible. If you
plan your move with your child before consulting an attorney, you risk
mistiming your moving and multiplying your moving expenses in order to
entertain a custody battle. An attorney can help you with strategies to comply
with the law as well as aid you in trying to meet your deadline, whether that
be moving to a new city for a job start date or simply living with your new
spouse after your nuptials. An attorney will also know a few things that you might be
able to use to your advantage should the issue arise again. For instance, some
people know that their career might require them to move quickly again. An
attorney will know drafting strategies
in your new parenting plan that can help you expedite your next move. |