» Assets and Debts
Selling the Marital Home: Missouri divorce decree requiring home to be sold must specifically designate conditions of sale
May 17th, 2013
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…
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Court must consider division of marital property before ordering spousal maintenance (alimony); Factors that determine amount of spousal support.
April 23rd, 2013
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 abilit…
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Debts ordered to be paid in Divorce Decree are not dischargeable in Chapter 7 Bankruptcy
March 7th, 2013
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)(…
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Setting aside of default judgment appropriate when good cause shown and meritorious defense; Ability to pay supports award of attorney's fees
December 15th, 2012
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 su…
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Courts Bulletin: Modifiable maintenance granted at divorce is terminated when all of the reasons it was awarded have changed.
November 7th, 2012
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 n…
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Adding Spouse to Legal Title Transmutes Non-Marital Real Property to Marital; Wedding Rings are Separate Non-Marital Property
June 23rd, 2012
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…
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Family lawyers and Divorce Attorneys function hand in hand with Forensic Accountants
May 14th, 2012
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. Dependi…
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December Courts Bulletin: Recent updates in Missouri Case Law
December 30th, 2011
Value of a closely-held corporation must be as fair market value and application of a calculation of value via a buy-sell agreement not related to fair market value is error. Wood v. Wood, No. 96218 (Mo. App. W.D., November 29, 2011), Romines, J. Thi…
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Courts Bulletin: Recent developments in Missouri Family Law
November 28th, 2011
Administrative child support orders are available for the support of all eligible children, including children of citizens of other countries. Lajeunesse v. State of Missouri Department of Social Services, No. 73477 (Mo. App. W.D., October 4, 2011),…
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Recent case: Forum under Uniform Child Custody Jurisdiction Act and in personam jurisdiction
August 29th, 2011
www.courts.mo.gov/file.jspMissouri Constitution provides subject matter jurisdiction of circuit courts. The Uniform Child Custody Jurisdiction Act provides comity among states and determines which state is the most appropriate forum for seeking remed…
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