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Missouri Divorce & Family Law Blog

Petition for third party custody sufficient

Missouri statute allows custody in persons not biologically related to a child but having a familial bond. The Petitioner for third party custody must rebut a presumption of parental fitness or prove that the child’s welfare requires custody in pet… Read More

Spousal support awarded in 6.5 year marriage

Recent case from the Court of Appeals: Husband appeals from the trial court’s judgment, dissolving his marriage Wife, dividing the parties’ marital property, and ordering him to pay maintenance. On appeal, Husband asserts that the trial court err… Read More

Missouri Supreme Court Case: Dissolution of marriage involving non-biological child should be adjudicated with a separate paternity action

Recent Decision from the Missouri Supreme Court: Overview: A mother appeals a circuit court’s judgment awarding third-party custody of a child to her stepfather in the mother and stepfather’s proceeding to dissolve their marriage. In a decision w… Read More

Child Support Overnight Credit Denied if Recipient's Income is Below Threshhold

Recent Case-Missouri Court of Appeals:  Father appeals denial of overnight credit in child support case. In a judicial action for child support where the non-custodial parent has overnight parenting time with the child(ren), he or she is entitled to… Read More

Increase in Income Ends Maintenance but Strict Compliance With Statute Required

Recent Case from the Missouri Court of Appeals Wife appeals the modification court’s judgment granting, in part, Husband’s motion to modify his maintenance obligation. The purpose of maintenance is to meet the reasonable expenses of a depende… Read More

Spousal Maintenance (f/k/a alimony) reduced based on medical disability

Recent Missouri case:  On a motion to modify (reduce) maintenance, evidence of a substantial and continuing change included “detailed evidence” of Movant Husband’s stroke-induced disability and reduced income, and no evidence of an increase in… Read More

Guardianship of children approved upon showing of unfitness and inability to parent

Recent Case from the Court of Appeals:   Letters of Guardianship Affirmed Mother appeals from the trial court’s judgment, which appointed Petitioners as guardians over two minor children. The trial court’s judgment found the children’s parents… Read More

New Missouri Child Support Guidelines in Effect as of July 1, 2017

Effective July 1, 2017, Missouri’s New Form 14 and new Child Support Guidelines took effect.  Notable changes to the previous law include: Changes to the presumed amounts in the chart, especially at the lower and higher income levels Changed… Read More

Modification of Another State’s Custody Order Depends on The Other State Releasing Jurisdiction

Recent Case from the Court of Appeals:  States have continuing, exclusive jurisdiction over their custody judgments until released by the rendering state. The Uniform Child Custody Jurisdiction and Enforcement Act conditions authority of any State t… Read More

Child support continued for child over age 18 with mental disability

Recent Case from the Missouri Court of Appeals: Mother appeals from a judgment modifying her child support obligation to continue support for a child beyond the age of eighteen. Mother argues that it was against the weight of the evidence to find the… Read More

Mark A. Wortman

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Kansas City family law attorney Mark A. Wortman handles only divorce and family law matters, and practices only in the State of Missouri. Due to this specialty, Mark has handled thousands of Missouri divorce and family cases and has practiced extensi… Read More