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
Read More

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
Read More

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
Read More

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
Read More

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
Read More

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
Read More

Rule that a 20% change in child support amount grounds to modify does not apply if original amount was agreed deviation from Form 14

Recent Case: Party seeking modification of previous agreed order must show that they cannot support the child in the manner contemplated at the time of the agreement. 20% rule does not apply. In a recent case from the Missouri Court of Appeals, Fathe… Read More
Read More

Modified Child Support retroactive to personal service of the Motion

Recent Case: Retroactive support can only go back to the date of service of the Motion, 20% change in child support amount is grounds for modification, child support can continue if child incapacitated. Father appeals the judgment and decree of modif… Read More
Read More

Railroad Retirement benefits are partially marital property subject to division in Missouri divorce

Recent case: Tier II railroad retirement benefits are marital property Husband appeals the circuit Court’s judgment dissolving his marriage to Wife. Husband contends that, among other things, that the Court misapplied the law in classifying as mari… Read More
Read More

Inability to co-parent grounds for sole custody award; Guardian Ad Litem fees assessed to one party appropriate

Recent Case: Parents’ inability to communicate, cooperate, and make shared decisions concerning their children’s welfare makes joint legal custody inappropriate. This case involved a motion to change custody from Mother to Father. The Court ultim… Read More
Read More