The Constitution protects the fundamental right of a parent to custody of their child even though child’s best interests are the goal of statutes governing adoption. An action for adoption without parental consent terminates, without a separate act…
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Recent Case: From the Missouri Court of Appeals, Modification of Spousal Support vs. Property Division Appellant Husband appeals the trial court’s judgment reducing, but not terminating, his maintenance obligation, retroactive to February 2015, and…
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From the Supreme Court of Missouri: “It is ordered that effective July 1, 2017, Civil Procedure Form No. 14, entitled “Child Support Amount Calculation Worksheet”, along with the directions, comments for use, and examples for comple…
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Recent Case from the Missouri Court of Appeals: Parenting plans must contain holiday and vacation schedules; voluntary reduction in income does not support child support reduction Mother appeals the trial court’s judgment of modification for a fail…
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Recent Case: When a custody order contains restricted visitation, those restrictions must not be lifted, or even phased out, until a subsequent hearing to determine whether removal of the restrictions is in the child’s best interest. Evidence t…
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Governor Jay Nixon signed House bill 1550 into law on July 1, 2016, which takes effect August 28, 2016. This law has been dubbed as an equal custody law, or 50/50 custody law, but that is not an entirely accurate description. Rather than specifically…
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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…
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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…
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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…
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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…
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