Missouri Divorce & Family Law Blog

Missouri Divorce & Family Law Blog

for Missourians struggling with divorce and family law matters

Category Archives: Financial Issues

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Railroad Retirement benefits are partially marital property subject to division in Missouri divorce

Posted in Assets and Debts, Divorce, Financial Issues, Property Division, Property-Debt Division, Retirement Plans and Division
Recent case:  Tier II railroad retirement benefits are marital property Husband appeals the circuit Court’s judgment dissolving his marriage to Wife.  Husband contends that, among other things, that the Court misapplied the law in classifying as marital property and awarding almost $20,000 to Wife, which represented Husband’s contribution to his railroad retirement pension during the … Continue Reading

Inability to co-parent grounds for sole custody award; Guardian Ad Litem fees assessed to one party appropriate

Posted in Child Custody and Visitation, Custody and Visitation, Family Law, Financial Issues, Guardian Ad Litem, Modifications
Recent Case:       Parents’ inability to communicate, cooperate, and make shared decisions concerning their children’s welfare makes joint legal custody inappropriate. This case involved a motion to change custody from Mother to Father.  The Court ultimately awarded Father sole legal and sole physical custody of the children, subject to periods of visitation to Mother. The trial … Continue Reading

Court must account for all property in Missouri divorce

Posted in Assets and Debts, Divorce, Financial Issues, Property Division, Property-Debt Division
Recent case:  Party to Missouri divorce cannot appeal until all claims addressed Wife appeals the circuit court’s judgment dissolving her marriage to Husband. Wife contends that the court erred in failing the distribute a marital pension/retirement plan.  The Judgment was silent regarding the retirement plan, and there was no evidence in the record to support … Continue Reading

Unequal Division of Marital Property Appropriate in Some Circumstances

Posted in Assets and Debts, Divorce, Financial Issues, Property Division, Property-Debt Division, Trials
In a Missouri Divorce, the Court must divide all of the property and debt acquired during the marriage.  The property does not necessarily need to be divided equally, but it must be divided equitably (fairly).  In determining this, the Court must consider all relevant factors, including the economic circumstances of each spouse, the contributions of … 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 Case Law: Dispute Resolution Procedure Required in Parenting Plan

Posted in Financial Issues, Mediation and Alternative Dispute Resolution, Modifications, Paternity
Recent case: In Re The Matter of: C.H., by her Next Friend, C.H., and C.H., Individually, Petitioners/Respondents, v. C.W., Respondent/Appellant. Missouri Court of Appeals, Eastern District – ED98749 Mother appeals from the trial court’s Findings, Conclusions, Order and Judgment of paternity, custody and support entered March 24, 2012, as amended.   AFFIRMED IN PART and … Continue Reading

Missouri Divorce FAQ: What is spousal maintenance (alimony), how is it calculated, and how long does it last in Missouri?

Posted in Alimony / Maintenance, Divorce, Financial Issues, military divorce, Modifications
In a Missouri divorce case, one of the issues that the Court will have to decide is the payment of maintenance (alimony) to the former spouse.  Spousal maintenance payments are monthly payments made from one spouse to the other when one spouse cannot support themselves.  A successful spousal maintenance claim will usually involve a situation … Continue Reading

Valid Prenuptial Agreement must be followed; Non-existent assets can’t be included in marital estate

Posted in Assets and Debts, Divorce, Financial Issues, Pre-Nuptial Agreements, Property Division
Recent case: Missouri Court of Appeals, Eastern District – ED98742 Husband appeals the trial court’s dissolution judgment in various respects relating to the characterization and division of property awarded to his former spouse. DECISION: The trial court cannot include assets or money in the marital estate that no longer exist at the time of trial, … Continue Reading

Trial court must identify all property as marital or non-marital in Missouri divorce proceeding; specific values not required

Posted in Assets and Debts, Divorce, Financial Issues, Legal Proceedings
Recent Ruling: MP v. DLP Missouri Court of Appeals, Western District – WD75647 Husband appeals from the trial court’s judgment and decree of dissolution of marriage with respect to its division of property. Husband claims that the trial court erred in (1) awarding Wife an account as nonmarital property, though not expressly designated by the … 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

Selling the Marital Home: Missouri divorce decree requiring home to be sold must specifically designate conditions of sale

Posted in Assets and Debts, Divorce, Financial Issues, Property Division
Recent ruling NC v. CC Missouri Court of Appeals, Eastern District – ED95337     Husband appeals from the trial court’s Amended Judgment and Decree of Dissolution of Marriage dated June 2, 2010, ordering Husband to pay monthly maintenance to Wife and dividing the parties’ property and debts. Husband challenges the validity of the trial court’s order, … 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

Court must consider division of marital property before ordering spousal maintenance (alimony); Factors that determine amount of spousal support.

Posted in Alimony / Maintenance, Assets and Debts, Divorce, Financial Issues, Legal Proceedings, military divorce, Property Division
In a recent ruling from the Court of Appeals, Husband appealed the trial Court’s decision granting maintenance to the Wife, claiming, among other things, that the Court did not consider the Wife’s award of marital property, and the ability to earn income from it, in its maintenance determination.  The Court of Appeals agreed, remanding the … 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

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

The Petitioner (or movant) in an action to set aside a previous order for paternity and child support must pay the costs of DNA testing.

Posted in Financial Issues, Modifications, Paternity
Recent Case: State of Missouri (FSD) v. [Family Court Commissioner] Missouri Court of Appeals, Western District – WD75408 State ex rel. State of Missouri, Department of Social Services, Family Support Division ("Relator") sought a permanent writ of prohibition to prevent enforcement of an order issued by “Family Court Judge” directing the State to advance the … Continue Reading

Parenting Plan must account for all custodial time; Court can determine child’s education when parents are unable to agree; Court has broad discretion in dividing property and division will be upheld unless Court abuses discretion

Posted in Assets and Debts, Custody and Visitation, Divorce, Financial Issues, Property Division
Recent Case: KO vs. MS Missouri Court of Appeals, Western District – WD74673 Wife appeals the judgment of the trial court entering a dissolution decree. In several points on appeal, she challenges the court’s determinations regarding child custody and property division issues. The Court Held:   (1) Because the parenting plan did not assign all … Continue Reading

Courts Bulletin: Modifiable maintenance granted at divorce is terminated when all of the reasons it was awarded have changed.

Posted in Alimony / Maintenance, Assets and Debts, Divorce, Financial Issues, Legal Proceedings, Modifications
An action to terminate modifiable maintenance was granted. The case is fact-specific, but deserves reporting simply because of the dearth of appellate cases in which modifiable maintenance is terminated. At the time of the parties’ divorce (dates not noted in opinion, but approximately 2003-2004), the Husband ran a business which earned him approximately $190,000 annually. … 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

Family lawyers and Divorce Attorneys function hand in hand with Forensic Accountants

Posted in Assets and Debts, Discovery, Divorce, Financial Issues, Legal Proceedings, military divorce, Property Division
The following post was contributed by guest author Grant Webb, an accounting and accounting law writer for Bisk Education and Villanova University.   Forensic Accountants Fill a Unique Niche Family law and divorce cases are often quite complex. Depending on the number of family members involved, the amount of assets at stake, and the specific … Continue Reading