Missouri Divorce & Family Law Blog

Missouri Divorce & Family Law Blog

for Missourians struggling with divorce and family law matters

Tag Archives: divorce

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 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

Modification of grandparent custody to Mother solely requires change in circumstances; best interest of child

Posted in Custody and Visitation, Divorce, Modifications
Recent case: Missouri Court of Appeals, Eastern District – ED99303 Grandparents appeal from the judgment of the trial court modifying a 2009 custody order changing an arrangement of joint custody between grandparents and Mother to an award of sole legal and physical custody to Mother. Grandparents argue the trial court erred because: (1) it incorrectly… 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

Missouri Divorce FAQ Series: How long will does a divorce case take from beginning to end

Posted in Divorce, Legal Proceedings
The duration of a divorce in Missouri varies from case to case.  Factors that determine length include how contested the case is, the cooperation of the parties, whether or not there are two attorneys involved, the complexity of the issues, whether or not there are issues of abuse or neglect of children and the appointment… 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

Debts ordered to be paid in Divorce Decree are not dischargeable in Chapter 7 Bankruptcy

Posted in Assets and Debts, Divorce, Legal Proceedings, Property Division
Since 2005, the Bankruptcy law has been relatively clear that nearly any obligation resulting from a dissolution of marriage proceeding is not dischargeable in bankruptcy, whether that is in the nature of a domestic support obligation (11 USC 523(a)(5)) or a property/debt settlement (11 USC 523 (a)(15).  The Missouri Court of Appeals has reiterated this… Continue Reading

Electronic Domestic Case Filing Begins in March in Jackson County

Posted in Divorce, Legal Proceedings, Legal Separation, Modifications, Paternity
News Release from the Jackson County Circuit Court: Starting in March, there will be no more mad dashes to the courthouse by attorneys to file papers at the last minute. The Circuit Court in Jackson County will begin paperless electronic filing which is expected to save shoe leather for attorneys and public dollars for the… 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

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

Express allegations of abuse or neglect required for mandatory appointment of Guardian Ad Litem; Alternating weekend parenting plan is joint physical custody.

Posted in Child Abuse, Custody and Visitation, Divorce, Guardian Ad Litem, Modifications
Recent case:  CJWQ vs. SJQ Missouri Court of Appeals, Western District – WD74342 Mother  appeals the circuit court’s judgment modifying the dissolution decree from her marriage to Father. Mother asserts that the court erred when: (1) it failed to appoint a guardian ad litem pursuant to section 452.423, RSMo Cum. Supp. 2011, claiming that Mother… 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

“Sole physical custody” award that incorporates significant parenting time to the other parent is not sole custody by definition, but joint custody instead

Posted in Custody and Visitation, Divorce, Guardian Ad Litem, Legal Separation, Mediation and Alternative Dispute Resolution, military divorce, Military Family Law, Modifications, Paternity
Recent ruling: TC A Minor Child, by and through JC, Next Friend and JC, Individually v SI Missouri Court of Appeals, Western District – WD7455 Father appeals from a judgment entered in the Circuit Court of Clay County in an action to establish the paternity of his daughter, T.C.C. Father challenges the trial court’s decisions… 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

Adding Spouse to Legal Title Transmutes Non-Marital Real Property to Marital; Wedding Rings are Separate Non-Marital Property

Posted in Assets and Debts, Divorce, Modifications, Pre-Nuptial Agreements, Property Division
Recent Case:  JJ v. EJ Missouri Court of Appeals, Western District – WD74148 Adding a spouse to the title of non-marital property, in this case a farm, transmutes separate non-marital property into marital property. Consequently, when Respondent re-titled the property adding his spouse to the title, the farm became marital property. When the parties placed… Continue Reading

Factors Considered by the Court when Making a Custody Determination

Posted in Custody and Visitation, Divorce, Domestic Abuse, Legal Proceedings, Legal Separation, Marriage and Family, Military Family Law, Modifications, Paternity, Spousal Abuse
In Missouri, there are guidelines that the Court must follow in making a child custody determination.  While all child custody determinations must be made in accordance with the best welfare and interests of the child, there is also a statutory and case law framework that guides the court in making the determination.  Note that when… 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

Courts Bulletin: Child Relocation

Posted in Custody and Visitation, Divorce, Legal Separation, Modifications, Paternity
Under § 452.377, RSMo, relocation of child’s residence requires strict compliance to statutorily required notice before strict compliance with time to file objection to relocation is required. Abraham v. Abraham, No. 31099 (Mo. App. S.D., October 26, 2011), Rahmeyer, J. A dissolution of marriage was granted to the parties in April 2006. In September 2010,… Continue Reading