Missouri Divorce & Family Law Blog

Missouri Divorce & Family Law Blog

for Missourians struggling with divorce and family law matters

Category Archives: Paternity

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Parenting Plan that Vaguely Assigns Decision Making Responsibilities to Third Party Unenforceable.

Posted in Custody and Visitation, Divorce, Legal Proceedings, Legal Separation, Marriage and Family, Modifications, Paternity
In a recent ruling by the Missouri Court of Appeals, in a custody modification proceeding, the trial court’s modified parenting plan delegated the authority to make all medical, educational, and extracurricular decisions for one of the parents’ two children to her “team of doctors.” The Court held that these provisions of the plan are too… Continue Reading

Unmarried Parents: What you should know and do when served with an administrative order for child support (from the Family Support Division)

Posted in Child Support, Financial Issues, Legal Proceedings, Modifications, Paternity
In Missouri, there are two primary ways that a non-married parent can seek to establish child support, judicial and administrative.   A judicial action is through the circuit court, and an administrative action is through the Family Support Division. The Division is an administrative agency which has the power to issue binding orders for child support,… Continue Reading

New Missouri Paternity law signed by Governor takes effect August 28, 2009

Posted in Child Support, Divorce, Financial Issues, Modifications, Paternity
On July 7, 2009, Governor Jay Nixon signed into law senate bill number 141, which modifies Missouri’s paternity laws, effective August 28, 2009. The new law revises sections 210.826, and 210.828 and adds a new section 210.854, which will now allow men who have been declared the father of a child by a court to petition… Continue Reading

Missouri Legislature passes Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA) and eliminates requirement that social security numbers be included in family law pleadings and judgments

Posted in Child Abuse, Child Support, Custody and Visitation, Divorce, Legal Proceedings, Modifications, Paternity
Newly passed legislation will finally enact the Uniform Child Custody Jurisdiction and Enforcement Act as of August 28, 2009. Missouri was one of only three states that had not yet enacted the UCCJEA. This act will replace the current Uniform Child Custody Jurisdiction Act (UCCJA). The act limits child custody jurisdiction to one state, avoids competing… Continue Reading

Missouri Child Support Guidelines and Case Law – Part 2 – Imputed Income

Posted in Child Support, Divorce, Financial Issues, Modifications, Paternity
  What happens when a parent tries to avoid a child support obligation because they are not working or only have a small amount of income? Well, in the eyes of the Court, that parent will be treated as if they did have income sufficient to pay the child support. The most common situation is when it… Continue Reading

Missouri Child Support Guidelines and Case Law: Part 1 – Gross Income, Overtime, and Bonuses

Posted in Child Support, Divorce, Financial Issues, Legal Separation, military divorce, Paternity
For the purposes of calculating child support in Missouri, the Form 14 calculation is used.  The starting point is the Gross Income of the parties.  So, what does that include and what exactly does it mean?  The following is a summary of the official comments and relatively recent court rulings on the definition. “Gross income" includes,… Continue Reading

Missouri Supreme Court Adopts New Requirements and Forms For Parties Not Represented by Counsel in Dissolution of Marriage, Paternity, Legal Separation, and Modification Proceedings

Posted in Divorce, Modifications, Paternity
Effective yesterday, July 1, 2008, Supreme Court Rule 88.09 comes into effect which requires parties not represented by counsel to participate in a litigant awareness program that explains the risks and benefits of self representation, as well as requiring certain court forms to be used and accepted by the Court.   The amended rule reads as follows: 88.09 PARTIES… Continue Reading

Missouri Courts Bulletin: Family Case Law Update

Posted in Child Support, Paternity
From The Missouri Bar Editor:   John W. Dennis, Jr., Esquire Paternity: Change of surname/meeting burden of proof. Warren Joshua Wright, Respondent v. Anden Richard Buttercase by his next friend, Heather Ladawn Buttercase, and Heather Ladawn Buttercase, Appellants, No. 67861 (Mo. App. W.D., January 15, 2008), Lowenstein, J.   This child was born out of wedlock and… Continue Reading

Child’s Best Interest No Basis for Summary Proceeding on Paternity

Posted in Paternity
Recent decision from the MIssouri Court of Appeals: In an action to establish paternity under Uniform Parentage Act, preliminary advisory hearing to determine whether action is in Child’s best interest shall be informal, without applying law of evidence, conducted by a special master, closed to the public. Circuit Court held the hearing before Circuit Judge.… Continue Reading

3-16-2007 This week in Missouri Family Law

Posted in Child Support, Custody and Visitation, Paternity
Modifying Child Support Order Requires Calculation Of Presumed Amount On motion to modify child support, Circuit Court must determine presumed amount, and determine whether to accept or reject it, even when no party requested findings of fact. Laura M. Klingseisen, n/k/a Laura Al-Amery, Petitioner/Appellant, v. Robert E. Klingseisen, Respondent. Missouri Court of Appeals Eastern District… Continue Reading

Jackson County Parenting Together Living Apart Class Information

Posted in Custody and Visitation, Divorce, Marriage and Family, Paternity
The following post is information for clients who have paternity or custody actions pending in Eastern or Western Jackson county Missouri about the PTLA program which is required by the Court. PTLA (Parenting Together Living Apart) is a parent educational program designed to teach parents who have never been married to each other but have… Continue Reading

Case law Update: A finding of Paternity in a Dissolution proceeding is Res Judicata on the issue of Paternity.

Posted in Divorce, Guardian Ad Litem, Paternity, Res Judicata and Collateral Estoppel, Uncategorized
Trial judge is prohibited from ordering ex-husband to submit to genetic testing where previous divorce judgment found that ex-husband was not the father of child, where child was represented by a guardian ad litem (“GAL”) and where husband and wife agreed that husband was not the father. Failure to join the putative father did not… Continue Reading