Missouri Divorce & Family Law Blog

Missouri Divorce & Family Law Blog

for Missourians struggling with divorce and family law matters

Category Archives: Child Support

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Rule that a 20% change in child support amount grounds to modify does not apply if original amount was agreed deviation from Form 14

Posted in Child Support, Modifications
Recent Case:  Party seeking modification of previous agreed order must show that they cannot support the child in the manner contemplated at the time of the agreement.  20% rule does not apply. In a recent case from the Missouri Court of Appeals, Father appeals the judgment of the Court rejecting the Family Support Division’s proposed … Continue Reading

Modified Child Support retroactive to personal service of the Motion

Posted in Child Support, Child Support and Alimony, Financial Issues, Modifications, Trials
Recent Case:  Retroactive support can only go back to the date of service of the Motion, 20% change in child support amount is grounds for modification, child support can continue if child incapacitated. Father appeals the judgment and decree of modification of dissolution of marriage entered by the Circuit Court. Father claims that the trial … Continue Reading

Child Support terminated and child emancipated if requirements for college are not met; child must report grades and course load to parents.

Posted in Child Support, Child Support and Alimony, Divorce, Financial Issues, Uncategorized
Case Law Update on the issue of emancipation of a child and termination of child support obligation for a child in college when course load requirement is not met. Filed March 4 – Missouri Court of Appeals, Eastern District – ED99492 Father appeals the trial court’s judgment in favor of Mother, on his motion to … Continue Reading

Enforcement of Missouri Divorce Decrees: Contempt of Court Proceedings.

Posted in Assets and Debts, Child Support, Divorce, Family Law, Financial Issues, Legal Proceedings, Property Division
When a Missouri divorce is concluded, and the Judgment Decree is signed by the judge, regardless of whether the case was settled or tried by the court, the parties are expected to follow the order.  While most people do, there are always those who choose to test their luck by not following terms of the … Continue Reading

Form 14 Mandatory for Determination of Child Support

Posted in Child Support, Child Support and Alimony, Divorce, Family Law, Financial Issues
Recent Case Holding: The trial Court is required to calculate the presumed amount of child support pursuant to Civil Procedure Form 14. In a recent case from the Missouri Court of Appeals – Eastern District, Husband appeals from the trial Court’s Judgment Decree of Dissolution of Marriage awarding his former wife maintenance, child support, and … Continue Reading

Child Support Credit for Overnights Mandatory

Posted in Child Support, Custody and Visitation, Divorce, Financial Issues, military divorce, Modifications
Recent case: A. Harris vs. G Harris, Missouri Court of Appeals, Eastern District – ED99276 Father appeals the trial court’s judgment and decree of dissolution of marriage. Father claims the trial court erred in calculating Father’s child support obligation because Father was entitled to an adjustment for overnight visitation. REVERSED AND REMANDED. The Supreme Court … Continue Reading

Missouri Divorce FAQ: What is an Uncontested Divorce in Missouri?

Posted in Alimony / Maintenance, Assets and Debts, Child Support, Custody and Visitation, Divorce, Financial Issues, Legal Proceedings
An uncontested divorce in Missouri is a divorce where both the Husband and the Wife are in complete agreement with all terms of the divorce before the case is filed.  In almost all cases, if the case can be resolved as an uncontested matter, there will be substantial savings of both time and money, and … Continue Reading

Temporary interruption from enrollment because of extraordinary circumstances and intent to re-enroll constitutes exception to the continuous enrollment requirement; No overnight credit when overnights not likely; misconduct supports attorney fees

Posted in Child Support, Divorce, Financial Issues
Recent Ruling LP v. EP, WD75030 Missouri Court of Appeals Following a bench trial, the trial court entered a judgment of dissolution, dissolving the marriage of Mother and Father. The trial court divided the marital property, established custody and awarded child support to Mother. On appeal, Father alleges the trial court erred in (1) "not … Continue Reading

Missouri Child Support Modification: 20% change in support amount, overnight credits, bonus and interest income, income tax dependency.

Posted in Child Support, Financial Issues, Modifications
Recent Case: JK v. JK WD74592 Father appeals from a judgment entered in the Circuit Court of Cole  County granting Mother’s motion to modify child support. In its judgment, the circuit court found that a substantial and continuing change in circumstances had occurred including, but not limited to: (1) an agreement by the parties to exercise … Continue Reading

Court must set aside child support order if requirements of paternity set-aside statute are met unless court finds and concludes that it is not in the best interests of the child to do so; General order for multiple children does not preclude compliance

Posted in Child Support, Modifications, Paternity
Missouri law allows for a man that has been named to be the father of the child, but is not biologically the father of the child, to petition the court to terminate a child support order that is two years old or less, and, among other things, extinguish the child support arrears. Missouri’s paternity set … Continue Reading

Setting aside of default judgment appropriate when good cause shown and meritorious defense; Ability to pay supports award of attorney’s fees

Posted in Assets and Debts, Child Support, Custody and Visitation, Divorce, Financial Issues, Guardian Ad Litem, Property Division
Recent Case: JT Appellant vs. AT, Respondent  Missouri Court of Appeals, Eastern District – ED97995 Father appeals from the trial court’s judgment of November 8, 2011, dissolving his marriage with Mother and entering a child custody and support award for their minor child ("Minor"). The trial court’s judgment granted joint physical custody to the parties, … Continue Reading

Failure to comply with statutory documentation requirement ends support of child in college

Posted in Child Support, Divorce, Financial Issues, Modifications
Recent case: CB v. DB Missouri Court of Appeals, Western District – WD74067 Father requested information concerning Daughter’s college education, and received limited information through the child-support agencies which served as intermediaries between Father and Mother. On March 31, 2010, Father initiated the present proceedings by filing an affidavit for termination of his child support … Continue Reading

Child support judgment not subject to collateral attack in later proceeding; Court of Appeals can amend child support judgment based on judicial admission.

Posted in Child Support, Divorce, Financial Issues, Legal Proceedings, Modifications
Recent Case: TLD v. JRD Missouri Court of Appeals, Western District – WD73385 Mother appeals from the trial court’s amended judgment order of modification retroactively modifying Father’s child support obligation and ordering Mother to pay Father $19,305.00 in overpaid child support accumulated during the retroactive period. Mother claims the trial court erred in calculating the overpayment. … Continue Reading

Awarding Tax Dependency Credit To Non Custodial Parent Not Prejudicial When Custodial Parent Has No Income

Posted in Child Support, Divorce, Financial Issues, Legal Separation, military divorce, Modifications, Paternity
New Case Law: CB v. DB Missouri Court of Appeals, Southern District – SD31614 Notwithstanding the fact that the Missouri case law generally states that tax benefits must go to the custodial spouse unless the trial court expressly finds it unjust or inappropriate to do so, our western district has held that noncompliance with Form … Continue Reading

Missouri Supreme Court Increases Maximum Child Support Overnight Credit

Posted in Child Support, Custody and Visitation, Financial Issues, Military Family Law, Paternity
The Missouri Supreme Court has recently issued an order that, effective, January 1, 2012, increases the maximum allowable Form 14 child support overnight credit to 50%.  Specifically, on the Form 14, which is Missouri’s child support calculation formula, the non-custodial (paying) parent is given a credit for the number of overnights that parent spends with the … Continue Reading

Courts Bulletin: Recent developments in Missouri Family Law

Posted in Assets and Debts, Child Support, Custody and Visitation, Divorce, Financial Issues, Legal Proceedings, Legal Separation, Marriage and Family, Modifications, Paternity, Property Division
  Administrative child support orders are available for the support of all eligible children, including children of citizens of other countries. Lajeunesse v. State of Missouri Department of Social Services, No. 73477 (Mo. App. W.D., October 4, 2011), Martin, J. A child was born to a Russian citizen in West Virginia. Father was a Missouri … Continue Reading

Case Law Update: No Prejudice from Deficient Relocation Notice

Posted in Child Support, Custody and Visitation, Divorce, Modifications
Missouri statute requires that a parent relocating with a child give notice to the other parent. Receipt of notice starts the 30 day time limit to file a motion to bar the relocation. A deficient notice does not, alone, provide grounds to modify custody and visitation. In this case, the notice was deficient, but the … Continue Reading

Recent case: Forum under Uniform Child Custody Jurisdiction Act and in personam jurisdiction

Posted in Assets and Debts, Child Support, Custody and Visitation, Divorce, Financial Issues, Legal Proceedings, Legal Separation, Property Division
www.courts.mo.gov/file.jspMissouri Constitution provides subject matter jurisdiction of circuit courts. The Uniform Child Custody Jurisdiction Act provides comity among states and determines which state is the most appropriate forum for seeking remedy. The Circuit court should make findings under those provisions. Rule and statute describe minimum contacts necessary to make a person subject to circuit court … Continue Reading

Who gets to claim the kids for federal and state income tax purposes?

Posted in Child Support, Custody and Visitation, Divorce, Financial Issues, Legal Separation, military divorce, Military Family Law, Paternity, Property Division
There are many ways that the income tax dependency for children in divorce can be handled, although most of them are not supported by the law.  If the parties are in agreement, then nearly any method of claiming the children can be used, including alternating years, splitting the deductions between the parents (in the case of multiple … Continue Reading

Order Requiring Parents to Share in Unlimited Expenses is Unenforcable

Posted in Child Support, Divorce, Financial Issues, Modifications
A dispute that Missouri family law attorneys see on a regular basis is the sharing of children’s extracurricular activity expenses. Under Missouri law, the Court can require parents to share certain expenses, over and above the monthly child support amount. Included in these expenses are extracurricular activities, educational expenses, uninsured medical costs, and any other extraordinary costs. The … Continue Reading

Child Neglect Shown in recent Decision

Posted in Adoption and Guardianship, Child Abuse, Child Support, Custody and Visitation, Divorce, Guardian Ad Litem, military divorce, Military Family Law, Modifications, Paternity
In a recent decision by the Missouri Court of Appeals, clear, cogent and convincing evidence supported a finding of neglect in protecting the child, maintaining the household, and supervising the child.  "If a parent is unable to pay for all of a child’s financial needs, he or she has a duty to provide as much … Continue Reading

Less than 1 year before paternity “disestablishment” statute of limitations goes into effect

Posted in Child Support, Modifications, Paternity
Missouri’s paternity disestablishment law, enacted in August 2009, allows men who have been declared the father of a child by a court or the Division of Family Services to set aside (overrule) the finding of paternity and terminate child support and child support arrearages. Under this law, alleged fathers wishing to file such an action were … Continue Reading

Missouri no fault divorce – what it does and does not mean

Posted in Alimony / Maintenance, Assets and Debts, Child Support, Custody and Visitation, Divorce, Legal Proceedings, Marriage and Family, military divorce, Military Family Law, Property Division, Trials
Similar to other states, Missouri is a modified no-fault divorce state. However, there is some misconception out there about what this actually means for divorcing parties in Missouri. Modified no-fault divorce means that a party does not have to prove that their spouse committed some kind of misconduct, such as adultery, abandonment, financial, etc., in order for … Continue Reading

Court clarifies confusing child support statute pertaining to college course requirements:

Posted in Child Support, Custody and Visitation, Divorce, Financial Issues, Legal Proceedings, Marriage and Family, Military Family Law, Modifications, Paternity
The Missouri statute that mandates the continuation of child support after age 18 if the child attends college was amended in 2007, and provisions were added that are somewhat contradictory. In a recent ruling by the Missouri Court of Appeals, the Court clarified the statute, as well what will cause a child to fail to meet … Continue Reading