Missouri Divorce & Family Law Blog

In Missouri, party waives right to appeal when a Judgment is entered by consent/agreement

February 12th, 2019

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Party waives right to appeal when a Judgment is entered by consent/agreement. Recent case from the Missouri Court of Appeals: Parties cannot appeal a Judgment that was entered by Stipulation (agreement). Father and Mother entered into a stipulation w… Read More

Custody alternating year to year approved

December 15th, 2018

Posted By

Mark A. Wortman

Recent case: Uncommon alternating year parenting schedule approved for military family Mother appeals the judgment of the circuit court granting the motion of Father, which modified the schedule of physical custody (parenting time) and which modified… Read More

Petition for third party custody sufficient

December 10th, 2018

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Mark A. Wortman

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

June 29th, 2018

Posted By

Mark A. Wortman

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

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

March 7th, 2018

Posted By

Mark A. Wortman

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 a… Read More

Increase in Income Ends Maintenance but Strict Compliance With Statute Required

December 6th, 2017

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Mark A. Wortman

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

October 26th, 2017

Posted By

Mark A. Wortman

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 W… Read More

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

August 19th, 2017

Posted By

Mark A. Wortman

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 (M… Read More

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

July 3rd, 2017

Posted By

Mark A. Wortman

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 sch… Read More

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

June 24th, 2017

Posted By

Mark A. Wortman

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 to… Read More

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