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Category Archives: Child Support and Alimony

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New Missouri Child Support Guidelines and Amounts to take effect July 1, 2017

Posted in Child Support, Child Support and Alimony, Divorce, Family Law, Financial Issues
From the Supreme Court of Missouri: “It is ordered that effective July 1, 2017, Civil Procedure Form No. 14, entitled “Child Support Amount Calculation Worksheet”, along with the directions, comments for use, and examples for completion thereto, by and the same are hereby repealed and a new Civil Procedure Form No. 14 entitled “Child Support… Continue Reading

Failure to include holiday or vacation schedule in parenting plan is trial court error; Voluntary reduction in Income does not support reduction in child support

Posted in Assets and Debts, Child Support, Child Support and Alimony, Divorce, Family Law, Financial Issues, Modifications
Recent Case from the Missouri Court of Appeals:  Parenting plans must contain holiday and vacation schedules; voluntary reduction in income does not support child support reduction Mother appeals the trial court’s judgment of modification for a failure to properly apply the law and abusing its discretion in its judgment of modification. Mother contends, in relevant… Continue Reading

Restrictions on visitation, and subsequent removal of them, both require a ruling on child’s best interest

Posted in Child Custody and Visitation, Child Support, Child Support and Alimony, Custody and Visitation, Family Law, Financial Issues, Modifications
Recent Case:  When a custody order contains restricted visitation, those restrictions must not be lifted, or even phased out, until a subsequent hearing to determine whether removal of the restrictions is in the child’s best interest. Evidence that Father has not sought employment within his expertise supported an imputation of income for determining child support. … Continue Reading

Modification of Maintenance appropriate on Voluntary Retirement and Increase in Resources of Obligee; No entitlement to attorney fees just because of lesser income.

Posted in Alimony / Maintenance, Child Support and Alimony, Divorce, Family Law, Financial Issues, Modifications
Recent Case:  Wife appeals Judgment of the Circuit Court modifying her spousal maintenance award and denial of attorney fees Statutes base maintenance on, and limit it to, need, and allow modification when a substantial and continuing change in circumstances make the initial award unfair.  Such change may include involuntary retirement, on which the record supports… Continue Reading

Spousal Support (Maintenance) Denied in Missouri Divorce

Posted in Alimony / Maintenance, Child Support and Alimony, Divorce, Family Law, Financial Issues, Getting a Divorce, Property-Debt Division
Recent Case: Missouri Court of Appeals upholds Judgment denying spousal support when sufficient property is awarded Wife appeals from the trial court’s judgment that dissolved her marriage with Husband, divided marital property and marital debt, and denied her an award of maintenance. Wife challenges only the trial court’s denial of an award of maintenance. Judgment… Continue Reading

All financial resources can be considered for support, but parent must have some level of control over gifts and inheritances to count as income

Posted in Alimony / Maintenance, Assets and Debts, Child Support, Child Support and Alimony, Divorce, Family Law, Financial Issues, Modifications
Courts Bulletin: No financial resource is exempt from the court’s consideration for child support and maintenance calculation purposes. However, financial gifts from a parent or third party and lump-sum inheritances/financial gifts are considered as to the level of control a parent has over said gifts and how they are used. Recent Case No. 102017 (Mo. App.… Continue Reading

Employer required to garnish child support

Posted in Child Support, Child Support and Alimony, Divorce, Financial Issues
Recent case: Employer is required by law to comply with child support wage garnishment orders from the Family Support Division The employer of a father ordered to pay child support appeals the trial court’s judgments in favor of the Department of Social Services Family Support Division after the employer failed to comply with income withholding… 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

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

Temporary breaks in post-secondary vocational education do not violate the continuous enrollment requirement of Missouri’s post-secondary education child support law.

Posted in Child Support, Child Support and Alimony, Divorce, Family Law, Paternity
Child support in Missouri can continue after the child turns 18, and until 21, if the child is attending a post high school education program, provided that several requirements are met.  (See RSMo section 452.340.5 below in the extended post).   One such requirement is that the child be continuously enrolled in the education program. A recent ruling from… Continue Reading

Child Support and Taxes

Posted in Child Support and Alimony
What you need to know about your taxes if you pay or receive child support. For federal income tax purposes, child support is tax-free to the recipient, meaning neither the ex-spouse nor the child owes taxes on it. However, child support payments are not tax-deductible by the parent who makes the payments — unlike spousal… Continue Reading

Paternity Issues and Child Support

Posted in Child Support and Alimony
Paternity must usually be established before child support can be collected. The question “Who is the father?” is not as simple a question as you might think. There are important legal distinctions between different situations relating to paternity. When Paternity Is Agreed On or Presumed Acknowledged father. An acknowledged father is a biological father of… Continue Reading

Records to Keep When You Pay or Receive Alimony

Posted in Child Support and Alimony
What records you should keep when you pay or receive alimony payments. Alimony, also called spousal support, means paymenta by one spouse to another following a divorce. Courts don’t always grant alimony, but where the marriage was long and one spouse earns a lot more than another, or one spouse left the workforce in order… Continue Reading

What is Emancipation

Posted in Child Support and Alimony
The act of freeing someone from restraint or bondage. For example, on January 1, 1863, slaves in the confederate states were declared free by an executive order of President Lincoln, known as the “Emancipation Proclamation.” After the Civil War, this emancipation was extended to the entire country and made law by the ratification of the… Continue Reading