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…
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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…
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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…
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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…
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Recent case: Termination of parental rights for failure to rectify When children are taken into protective care by the children’s division, the goal is to reunite the children and the parent(s). However, parental rights can ultimately be terminated…
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Recent case: Party to Missouri divorce cannot appeal until all claims addressed Wife appeals the circuit court’s judgment dissolving her marriage to Husband. Wife contends that the court erred in failing the distribute a marital pension/retirement…
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Jefferson City, Mo. – Attorney General Chris Koster today issued the following statement related to the St. Louis Recorder of Deeds issuing marriage licenses to several same-sex couples: “While I personally support the goal of marriage equali…
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Recent Case: Father was awarded sole custody and Mother ordered to pay attorney fees due to defective relocation notice. Missouri’s relocation statute requires a parent who intends to relocate the child for a period of more than 90 days to provide…
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Case Law Update: Motion to Modify is not required to relocate, but 60 day notice must be given to the non-moving parent, who then may file an objection. Under Missouri law the address designated as the minor child’s primary residence for educationa…
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In a Missouri Divorce, the Court must divide all of the property and debt acquired during the marriage. The property does not necessarily need to be divided equally, but it must be divided equitably (fairly). In determining this, the Court must consi…
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