Joint Interim Committee on Family Law
October 14, 1997
Senator Harold Caskey and Representative Pat Dougherty presiding
Witness:  Mr. Dennis Ogle, Father, Richland, Missouri
 
     MR. DENNIS OGLE: I don't know much about this law. Mostly my deal is, I was married for about seven years. And my wife decided she couldn't settle down and had to get out. So, of course, she moved out. I helped her move. I paid my child support like I was supposed to, and we went to court on a trial and everything, and the judge told me, he locked it down to Pulaski, Laclede County area, which that was what I was wanting, so I could have my boy there and spend time with him. Well, she had a motion to modify to move so she could do her school aide. She's going to school to be an RN, and in this time, we went to court and we stayed there all day. He was supposed to make a motion on it to where she could either go or stay. We had 50/50 legal joint custody. And, in the meantime, while this ruling was being made, she moved to Kansas City, Missouri, and we had checked and there was colleges and stuff that could attend to get this down around home there, Springfield, and, oh there was a list of colleges. I can show them to you. But, anyway she moved up there before this was granted, and our lawyer had already wrote up the child support papers and the whole nine yards, and, basically, I make about $324.00 a week, and my child support is $505, a month, and I've got one seven year old boy, and I really can't see - it goes back, you guys saying that child support shouldn't be visitation. But, I had him every weekend, and every Tuesday night, before. Now, I've got him every other weekend, and I can't figure out how all this works to be fair. You know, I was thinking, maybe, that you guys could tell me how that was fair. I've got the little boy. When we went to court, the judge took him in there and talked to him, and he wanted to stay with me. I'm remarried, and he said he wanted to stay, but he still released her to move to Kansas City, and I have a problem with paying the $505, because I don't think I was treated fairly when we went to court, and I'm wondering whether I'm in the wrong here, or what the problem is?

     CASKEY: Any questions of the witness?

     MCKENNA: Mr. Chairman?

     CASKEY: Senator McKenna.

     MCKENNA: When you went to court, did you have an attorney?

     OGLE: Yes, I had - well, the first time we went to court, we went to the same judge, and his name is Mr. Storey, Pulaski County. And, the first time I had Ralph Muxlow for a lawyer, and I had agreed to give her $215 a month child support. I got 50/50 legal joint custody, and I took all the bills. I took the lawyer fees, the whole nine yards. She walked out with a paid for truck, no bills. I took all this, and now she made this motion to modify, after he locked her down in the Pulaski, Laclede County area, because she couldn't move, apparently, and she made this motion to modify it, and after she made the motion to modify it, of course, I told her that I would fight it, because I didn't want her moving up to Kansas City, with him, and, after we made this motion to modify, her lawyer wrote up in there that the child would be, I think it was $515 a month, and I figured I would stay with Mr.  Storey, because he had heard it before and ask me if I wanted to do all this when we went to court the first time, and I told him, yes, because I wanted to get it over with. You fight, and it makes more troublesome for the kids. I mean, it puts them through more. So, I was trying to keep this down. And, it didn't work.

     MCKENNA: Did you have a lawyer? Did you hire a lawyer the second time?

     OGLE: The second time around, I had Jim Thomas, from Waynesville, and I can't see that he done much good.

     MCKENNA: And then you went to court the second time, and then the judge allowed her to move.

     OGLE: I went to court the second time. All we got done the second time is I was having to drive to Sedalia to pick my boy up and he got that moved to Lincoln, Missouri, instead of Sedalia. They were supposed to argue in front of us and that didn't happen. They settled it back in the back between the lawyers and the judge. Now, we're going to court the 24th, I believe it is, of this month, to figure out whether my child support is going to stay at $505 or be reduced.

     MCKENNA: The first time, you paid both lawyers?

     OGLE: Both lawyers.

     MCKENNA: The second time you paid your lawyer.

     OGLE: Yeah, this time I'm paying my lawyer. I mean it's 50/50 legal joint custody. I understand that, but, ain't that, you get him half the time, and I get him half the time?  I don't understand it.

     CASKEY: Representative Hollingsworth.

     HOLLINGSWORTH: Thank you, Mr. Chair. I want to ask a couple questions about the relocation aspect, again, of your situation. When you were divorced, you had 50/50, you're indicating 50/50 custody with your former wife. Right?

     OGLE: Yes.

     HOLLINGSWORTH: You both resided in the same area?

     OGLE: She lived in Lebanon, Missouri, which is Laclede County. I live in Richland. That's Pulaski County.

     HOLLINGSWORTH: Can you tell me how much time that is to drive to - is a half hour, an hour?

     OGLE: About 23 minutes.

     HOLLINGSWORTH: Okay, about a half hour. Okay, when you divorced, you were a half hour away from each other.

     OGLE: Yes.

     HOLLINGSWORTH: To pick up your child. Okay, then tell me how she was allowed to move then, to Kansas City.

     OGLE: Yes. Kansas City, Missouri.

     HOLLINGSWORTH: I understand, but, you had joint custody,at that time.

     OGLE: Yes, Ma'am.

     HOLLINGSWORTH: Did you challenge that through these court processes?

     OGLE: Yeah, I'm fighting it still. Like I said, I've got to go to court the 24th this month in front of Mr. Storey again, and he's going to let me know about the child support lowering. The lawyer did tell me I didn't have a chance to get my boy.

     HOLLINGSWORTH: So, from where you live now to Kansas City, where she's relocated, how much time is that to go pick up your boy?

     OGLE: I think that's three and a half to four hour drive.

     HOLLINGSWORTH: And, at this point, you still have the, I guess, alternating weekends and....

     OGLE: I have him every other weekend.

     HOLLINGSWORTH: Every other weekend.

     OGLE: Uh huh.

     HOLLINGSWORTH: From where you almost had him 50 percent of the time.

     OGLE: Yes.

     HOLLINGSWORTH:  I'm just trying to understand, basically, you're saying you did challenge her right to move to Kansas City, but, basically, the court did not side with you. They let her go? Did they actually let her go?

     OGLE: Yes, Mr. Storey did.

     HOLLINGSWORTH: Thank you.

     CASKEY: Any other questions? Did you have any other comments?

     OGLE: No. I think I've said about enough. Starting to get aggravated.

     Dave Ketcherside.


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