Missouri Divorce & Family Law Blog

Modification of Maintenance appropriate on Voluntary Retirement and Increase in Resources of Obligee; No entitlement to attorney fees just because of lesser income.

May 30th, 2016

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Recent Case: Wife appeals Judgment of the Circuit Court modifying her spousal maintenance award and denial of attorney fees Statutes base maintenance on, and limit it to, need, and allow modification when a substantial and continuing change in circum… Read More

2 year statute of limitations applies to set aside a paternity and child support order, even if fraud exists.

May 17th, 2016

Posted By

Mark A. Wortman

Mother and Father (T.B.) had a baby in 2000. Mother told T.B. he was the father, and he signed an affidavit acknowledging paternity. The Family Support Division made an administrative determination that T.B. was the legal father, and ordered T.B. to… Read More

Spousal Support (Maintenance) Denied in Missouri Divorce

March 20th, 2016

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Mark A. Wortman

Recent Case: Missouri Court of Appeals upholds Judgment denying spousal support when sufficient property is awarded Wife appeals from the trial court’s judgment that dissolved her marriage with Husband, divided marital property and marital debt… Read More

Child’s refusal to visit other parent no excuse to violate custody order; Parent held in Contempt

February 23rd, 2016

Posted By

Mark A. Wortman

Recent Missouri Case: Parent responsible for violating the court order when child refuses to visit the other parent as required in the court ordered parenting plan Appellant D.R.P. (“Mother”) appeals the judgment of the Circuit Court of J… Read More

All financial resources can be considered for support, but parent must have some level of control over gifts and inheritances to count as income

February 3rd, 2016

Posted By

Mark A. Wortman

Courts Bulletin: No financial resource is exempt from the court’s consideration for child support and maintenance calculation purposes. However, financial gifts from a parent or third party and lump-sum inheritances/financial gifts are considered a… Read More

Stock Split is Marital Property in Missouri Divorce

December 11th, 2015

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Mark A. Wortman

Recent Case: Split of Stock awarded to spouse is property of that spouse Wife appeals the judgment of contempt of the Circuit Court of St. Charles County ordering her to transfer 960 shares of stock to Husband. Decision upheld Because the dissolution… Read More

Guardian Ad Litem recommendation not binding; Custody findings required; Property division must be fair, not necessarily equal

November 7th, 2015

Posted By

Mark A. Wortman

Recent Ruling: Court not required to follow Guardian Ad Litem Recommendation, Specific findings under the 8 statutory factors required in Judge tried case Father appeals from the trial court’s dissolution judgment as to child custody and property d… Read More

Property division in Missouri divorce is final and cannot be modified

September 8th, 2015

Posted By

Mark A. Wortman

Recent Case: Division of Property is final and non-modifiable in divorce proceedings. Statute enacted after the end of divorce case does not apply retroactively. In a recent case from the Missouri Court of Appeals, Wife appeals the trial court’s de… Read More

Relocation approved, custody changed from joint custody to sole custody

August 21st, 2015

Posted By

Mark A. Wortman

Recent case: Relocation must be in good faith and in children’s best interests; sole custody award appropriate when parents cannot jointly make decisions. In a recent case from the Missouri Supreme Court, a mother sought to modify a judgment dissol… Read More

Conduct not to level of stalking to support protection order

May 23rd, 2015

Posted By

Mark A. Wortman

Recent Case: Respondent’s conduct did not rise to the level of stalking to support an order of protection. Respondent appeals from the judgment of the trial court granting a full order of protection in favor of Petitioner. Respondent argues the tri… Read More

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