Relocation approved, custody changed from joint custody to sole custody

Recent case: Relocation must be in good faith and in children’s best interests; sole custody award appropriate when parents cannot jointly make decisions. In a recent case from the Missouri Supreme Court, a mother sought to modify a judgment dissol… Read More
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Conduct not to level of stalking to support protection order

Recent Case: Respondent’s conduct did not rise to the level of stalking to support an order of protection. Respondent appeals from the judgment of the trial court granting a full order of protection in favor of Petitioner. Respondent argues the tri… Read More
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Domestic Partnership does not constitute marriage for termination of spousal support (aka alimony)

Recent case: Missouri law states that remarriage terminates spousal support unless expressly agreed or ordered otherwise. Domestic partnership does not qualify for this purpose. Ex-Husband appeals the circuit court’s judgment denying his motion to… Read More
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No spousal support (alimony) award that leaves paying spouse negative income

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 mainte… Read More
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Employer required to garnish child support

Recent case: Employer is required by law to comply with child support wage garnishment orders from the Family Support Division The employer of a father ordered to pay child support appeals the trial court’s judgments in favor of the Department of S… Read More
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Attorney fee expenses cannot be considered part of reasonable monthly expenses in maintenance modification

Recent case: Attorney fees are not a substantial and continuing change in circumstances that supports a modification of maintenance, especially when the fees are for the modification case. Husband appeals the judgment modifying the divorce decree inc… Read More
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10 facts about divorce that every divorcing parent should consider

The following points are from a recent article on today.com, published by a divorce mediator. If you are in the middle of a divorce or contemplating a divorce in Missouri, these are all excellent points to think about. 10 facts about divorce you shou… Read More
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Parenting plan must have written time schedule and address holidays

Recent Case: Missouri parenting plans must have specific, written parenting time schedule and must address holidays. Mother appeals from a judgment entered in the Circuit Court of Atchison County dissolving her marriage to Father. Mother challenges t… Read More
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Trial court has the authority to enter a Qualified Domestic Relations Order (QDRO) even after the death of the plan participant.

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… Read More
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Same Sex Marriage Ban Ruled Unconstitutional in Missouri; Same Sex Couples Marry in Kansas City and St. Louis

A federal judge in Kansas City ruled on Friday that Missouri’s ban on same-sex marriage violates the U.S. Constitution in a decision that would extend the right of gay couples to marry across Missouri. U.S. District Judge Ortrie Smith found tha… Read More
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