Missouri Divorce & Family Law Blog

Domestic Partnership does not constitute marriage for termination of spousal support (aka alimony)

May 4th, 2015

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Recent case: Missouri law states that remarriage terminates spousal support unless expressly agreed or ordered otherwise. Domestic partnership does not qualify for this purpose. Ex-Husband appeals the circuit court’s judgment denying his motion to… Read More

No spousal support (alimony) award that leaves paying spouse negative income

April 27th, 2015

Posted By

Mark A. Wortman

Recent Case: Trial Court error in awarding Wife spousal support amount that left Husband with negative budget, Court must also consider Wife’s ability to contribute Husband appeals from the trial Court’s judgment awarding $1,000 in monthly mainte… Read More

Employer required to garnish child support

April 6th, 2015

Posted By

Mark A. Wortman

Recent case: Employer is required by law to comply with child support wage garnishment orders from the Family Support Division The employer of a father ordered to pay child support appeals the trial court’s judgments in favor of the Department of S… Read More

Attorney fee expenses cannot be considered part of reasonable monthly expenses in maintenance modification

February 22nd, 2015

Posted By

Mark A. Wortman

Recent case: Attorney fees are not a substantial and continuing change in circumstances that supports a modification of maintenance, especially when the fees are for the modification case. Husband appeals the judgment modifying the divorce decree inc… Read More

10 facts about divorce that every divorcing parent should consider

February 1st, 2015

Posted By

Mark A. Wortman

The following points are from a recent article on today.com, published by a divorce mediator. If you are in the middle of a divorce or contemplating a divorce in Missouri, these are all excellent points to think about. 10 facts about divorce you shou… Read More

Parenting plan must have written time schedule and address holidays

January 18th, 2015

Posted By

Mark A. Wortman

Recent Case: Missouri parenting plans must have specific, written parenting time schedule and must address holidays. Mother appeals from a judgment entered in the Circuit Court of Atchison County dissolving her marriage to Father. Mother challenges t… Read More

Trial court has the authority to enter a Qualified Domestic Relations Order (QDRO) even after the death of the plan participant.

January 11th, 2015

Posted By

Mark A. Wortman

Recent Case: Missouri Court of Appeals In a 2010 dissolution judgment, Husband and Wife agreed, per a separation agreement, that each would get one-half of Husband’s Anheuser-Busch pension “unless Wife remarries.” In 2011, Husband remarried. He… Read More

Same Sex Marriage Ban Ruled Unconstitutional in Missouri; Same Sex Couples Marry in Kansas City and St. Louis

November 9th, 2014

Posted By

Mark A. Wortman

A federal judge in Kansas City ruled on Friday that Missouri’s ban on same-sex marriage violates the U.S. Constitution in a decision that would extend the right of gay couples to marry across Missouri. U.S. District Judge Ortrie Smith found tha… Read More

Rule that a 20% change in child support amount grounds to modify does not apply if original amount was agreed deviation from Form 14

October 20th, 2014

Posted By

Mark A. Wortman

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… Read More

Modified Child Support retroactive to personal service of the Motion

October 6th, 2014

Posted By

Mark A. Wortman

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… Read More

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