LAGERS Pension divided as a future asset

Recent Case: LAGERS Pension present value of zero but future payment divided Missouri Statutes require division of marital property, including local government retirement system benefits. The Circuit court treated the defined benefit pension as a fut… Read More
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Marijuana use not grounds for termination of parental rights

Recent Case: Marijuana use under the level of chemical dependency not grounds for termination of parental rights Father appeals from the judgment terminating his parental rights. Grounds for termination of parental rights require clear and convincing… Read More
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Modification of Maintenance appropriate on Voluntary Retirement and Increase in Resources of Obligee; No entitlement to attorney fees just because of lesser income.

Recent Case: Wife appeals Judgment of the Circuit Court modifying her spousal maintenance award and denial of attorney fees Statutes base maintenance on, and limit it to, need, and allow modification when a substantial and continuing change in circum… Read More
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2 year statute of limitations applies to set aside a paternity and child support order, even if fraud exists.

Mother and Father (T.B.) had a baby in 2000. Mother told T.B. he was the father, and he signed an affidavit acknowledging paternity. The Family Support Division made an administrative determination that T.B. was the legal father, and ordered T.B. to… Read More
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Spousal Support (Maintenance) Denied in Missouri Divorce

Recent Case: Missouri Court of Appeals upholds Judgment denying spousal support when sufficient property is awarded Wife appeals from the trial court’s judgment that dissolved her marriage with Husband, divided marital property and marital debt… Read More
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Child’s refusal to visit other parent no excuse to violate custody order; Parent held in Contempt

Recent Missouri Case: Parent responsible for violating the court order when child refuses to visit the other parent as required in the court ordered parenting plan Appellant D.R.P. (“Mother”) appeals the judgment of the Circuit Court of J… Read More
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All financial resources can be considered for support, but parent must have some level of control over gifts and inheritances to count as income

Courts Bulletin: No financial resource is exempt from the court’s consideration for child support and maintenance calculation purposes. However, financial gifts from a parent or third party and lump-sum inheritances/financial gifts are considered a… Read More
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Stock Split is Marital Property in Missouri Divorce

Recent Case: Split of Stock awarded to spouse is property of that spouse Wife appeals the judgment of contempt of the Circuit Court of St. Charles County ordering her to transfer 960 shares of stock to Husband. Decision upheld Because the dissolution… Read More
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Guardian Ad Litem recommendation not binding; Custody findings required; Property division must be fair, not necessarily equal

Recent Ruling: Court not required to follow Guardian Ad Litem Recommendation, Specific findings under the 8 statutory factors required in Judge tried case Father appeals from the trial court’s dissolution judgment as to child custody and property d… Read More
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Property division in Missouri divorce is final and cannot be modified

Recent Case: Division of Property is final and non-modifiable in divorce proceedings. Statute enacted after the end of divorce case does not apply retroactively. In a recent case from the Missouri Court of Appeals, Wife appeals the trial court’s de… Read More
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