Missouri Divorce & Family Law Blog

Missouri Divorce & Family Law Blog

for Missourians struggling with divorce and family law matters

Category Archives: Uncategorized

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No spousal support (alimony) award that leaves paying spouse negative income

Posted in Alimony / Maintenance, Divorce, Uncategorized
Recent Case: Trial Court error in awarding Wife spousal support amount that left Husband with negative budget, Court must also consider Wife’s ability to contribute Husband appeals from the trial Court’s judgment awarding $1,000 in monthly maintenance to his former spouse.  Husband asserts that the trial court abused its discretion in that the award exceeds… Continue Reading

Trial court has the authority to enter a Qualified Domestic Relations Order (QDRO) even after the death of the plan participant.

Posted in Assets and Debts, Divorce, Financial Issues, Property Division, Property-Debt Division, Retirement Plans and Division, Uncategorized
Recent Case:  Missouri Court of Appeals In a 2010 dissolution judgment, Husband and Wife agreed, per a separation agreement, that each would get one-half of Husband’s Anheuser-Busch pension “unless Wife remarries.” In 2011, Husband remarried. He then died in 2012. Subsequent to his death, his ex-wife sought and obtained a QDRO giving her one-half of… Continue Reading

Attorney Fees Awarded on Defective Relocation Notice

Posted in Uncategorized
Recent Case:  Father was awarded sole custody and Mother ordered to pay attorney fees due to defective relocation notice. Missouri’s relocation statute requires a parent who intends to relocate the child for a period of more than 90 days to provide the following information, in writing, at least 60 days before the proposed relocation: (1)… 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

Hearing over paternity of Anna Nicole Smith’s infant daughter slated Friday

Posted in Custody and Visitation, Marriage and Family, Uncategorized
FORT LAUDERDALE, Fla. (AP) — The melodramatic legal fallout from Anna Nicole Smith’s death shifted Friday from where to bury the former Playboy Playmate to who gets custody of her baby, who could inherit millions. Attorneys for Larry Birkhead, the photographer who claims to have fathered 5-month-old Dannielynn, planned to ask a Florida family court… Continue Reading

This Week in Missouri Family Law: Court Must Set Visitation

Posted in Custody and Visitation, Uncategorized
Circuit Court did not err in denying Father’s unwritten motion for continuance that was unsupported by affidavit or Mother’s consent. Father did not show that Circuit Court failed to divide property according to judgment because he offered no evidence of major asset. Father failed to show that Circuit awarded him any debt for which Mother… Continue Reading

Missouri Case Law Development: Child’s Conduct Is Not Relevant To Child Support Award

Posted in Family Law, Marriage and Family, Uncategorized
Trial Court erred in failing to follow two-step procedure for determining Child support. Child’s SSI from Father’s disability does not constitute income to Father or credit for Mother. Evidence did not support imputation of income to Father. Child’s conduct toward Mother does not support a reduction in Mother’s obligation to Child, absent evidence of interference… Continue Reading

Attorney’s Fees as tax deductions

Posted in Assets and Debts, Financial Issues, Marriage and Family, Uncategorized
The Kansas Family Law Blog had a great posting recently about the deductibility of attorney’s fees, which I have set forth below.  For more information on this issue, see the tax archives of this blog It’s that time of year again. Of course, the general rule is that lawyers’ fees and costs in connection with obtaining… Continue Reading

Missouri Case Law Development: Presumed correct child support regarding daycare

Posted in Custody and Visitation, Family Law, Marriage and Family, Uncategorized
Presumed correct support amount even if daycare paid separately. John Mitalovich, Appellant, v. Tammy Lee Toomey, Respondent, No. 87755 (Mo. App. E.D., November 21, 2006, Ahrens, P.J.   This summary is strictly for the purpose of noting the proper findings in a judgment as to the presumed correct support amount for child support when work-related child… Continue Reading

Selling Your Home When Divorcing

Posted in Alimony / Maintenance, Assets and Debts, Financial Issues, Marriage and Family, Property Division, Uncategorized
The following are some infomative and useful tips on the sale of a residence in divorce from divorcehq.com For many people going through a divorce their biggest asset is their home or in legal speak, the marital residence. Deciding what to do about the marital residence is often a major issue in a divorce. There are a few… Continue Reading

Missouri Case Law Development: Parenting Plan Must Address School Holidays and Birthdays

Posted in Custody and Visitation, Family Law, Legal Separation, Modifications, Uncategorized
Record supports Trial Court’s order for anger management, and order is sufficiently specific to enforce. Trial Court did not stop Father from participating during in-chambers interview, and Child’s statements in that procedure support custody order. Trial Court erred by issuing parenting plan that failed to address custody on Child’s birthday and school holidays, requiring remand.  … Continue Reading

The Missing Spouse and How It affects your Divorce

Posted in Custody and Visitation, Trials, Uncategorized
I found the following post on the divorcesupport.com blog, and it caught my attention because I have many cases where missing spuose/parent is in issue.  The post appears below, with a few comments following. We hear from many spouses who are trying to get a divorce, but they do not no the whereabouts of their… Continue Reading

Missouri Case Law Development: Trial Court May Modify Child Support Beyond Motion 30 Days After Judgment

Posted in Modifications, Uncategorized
Thirty days after it issues its judgment, Trial Court loses jurisdiction other than the modifications requested in timely motion and any necessary to correctly calculate child support. "In this case, when Husband petitioned the trial court to . . . re-calculate the . . . amount of support . . . , he automatically, albeit… Continue Reading

Tips for Newly Single Parents

Posted in Custody and Visitation, Legal Separation, Marriage and Family, Uncategorized
The Following practical tips are offered by New York Times/about.com author Jennifer Wolf on how to get through your first year as a single parent. Develop a Support Network This is absolutely crucial. You need to know who you can depend on right now. Most likely, this network includes your immediate family and friends, but think… Continue Reading

Communicating effectively with your child through divorce

Posted in Custody and Visitation, Marriage and Family, Uncategorized
The following are some tips for communicating with with your child during and after divorce.  Thanks to the folks at  divorcesupport.com for this great information Remember to be as open as possible, which will reinforce and even enhance your trust for one another. Many parents find that they do communicate better during divorce and/or separation because it… Continue Reading

Telling Your Child About Divorce

Posted in Custody and Visitation, Legal Separation, Marriage and Family, Uncategorized
Divorce is stressful for parents and children alike. Although children’s emotional reactions usually depend on their age at the time of the divorce, many children experience feelings of sadness, anger, and anxiety – and it’s not uncommon for these feelings to be expressed in their behavior. Often, the child’s emotional reaction can be quite different… Continue Reading

Giving Depositions in your family law case: An Overview and some tips

Posted in Custody and Visitation, Discovery, Legal Separation, Modifications, Uncategorized
In its simplest form, a deposition is the giving of oral testimony under oath before trial.  Depositions are conducted in front of a court reporter and will assist your attorney in the preparation for trial.  The use of oral depositions is a standard procedure in family law cases for discovering relevant and material facts, determining… Continue Reading

20% Change in income rule does not apply to modifications of support orders using an amount other than the presumed amount

Posted in Modifications, Uncategorized
In Missouri, generally, for a parent to modify child support, they must show a substantial and continuing change in circumstances that warrant a change in support.  Missouri law states that if there is a 20% increase or decrease in the incomes of one of the parents, that, by itself, will meet the change in circumstances… Continue Reading

Case Law Update:Mental Incapacity Extends Child Support

Posted in Child Support, Uncategorized
Mother showed that Child’s mental incapacity rendered him incapable of supporting himself. Child’s voluntary drug use and refusal to take medication only increased his dependency and did not emancipate him. But Trial Court had no authority to award support accruing between Child’s 18th birthday and motion to increase child support. Click here view the Court’s… Continue Reading

Tax implications of divorce I – Deduct your attorney’s fees?

Posted in Alimony / Maintenance, Divorce, Uncategorized
Attorney’s fees for professional services by a divorce attorney can be deductible, but not in their entirety.  Fees attributed to a dissolution of marriage are not deductible, which includes pleadings, court appearances, and non-tax related negotiations, custody, visitation, and child support fees.  You can only deduct for services performed in connection with actual tax advice… 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