In a divorce proceeding, a personal injury settlement can be a major asset that will have to be divided between the parties. Missouri uses the “analytical” approach to determine whether the settlement proceeds are marital, non-marital, or…
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The Missouri Court of Appeals for the Southern District of Missouri has just recently upheld the Missouri exemption (protection from creditors) for Tenancy by the Entirety for jointly owned property by married couples. Tenancy by the Entireties is a…
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Missouri’s new 2009 child support guidelines and basic support schedule are now in effect, as of the beginning of the year. The changes and updates are summarized as follows Credit to paying parent for “other children in their custody …
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The following post appeared earlier this month on the South Carolina Family Law Blog. I thought these were some great thoughts for divorcing parents to keep in mind: While divorce proceedings may pose a great burden upon parents, they often have a di…
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What happens when a parent tries to avoid a child support obligation because they are not working or only have a small amount of income? Well, in the eyes of the Court, that parent will be treated as if they did have income sufficient to pay the chil…
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With so many people facing bankruptcy in the current climate, it may be good news to know (depending on which side you are on, of course) that the bankruptcy does not allow a person owing a domestic support obligation to use bankruptcy as a way to av…
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For the purposes of calculating child support in Missouri, the Form 14 calculation is used. The starting point is the Gross Income of the parties. So, what does that include and what exactly does it mean? The following is a summary of the official co…
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On October 8, 2009 the Supreme Court of Missouri issued an order repealing the current child support guidelines and the formula for calculating the child support amount (Civil Procedure Form 14); and ordered new child support guidelines to take effec…
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In this time of economic downturn, I am seeing quite a few people filing for divorce who have substantial debt problems, and many are considering, or needing, to file for bankruptcy. This is especially true considering that a large number of those co…
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Findings are not required under 452.375 (custody statute) where the trial court has determined that the party seeking to change a custody order has failed to satisfy the required burden of proof. The required findings under 452.376 do not come into p…
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