Missouri Divorce & Family Law Blog

Property Not Owned by Spouses Cannot Be Divided in Divorce

June 5th, 2011

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The Circuit Court does not have authority to divide assets that are not owned by either spouse in a dissolution of marriage. In a recent Missouri case, the trial court entered a judgment that divided certain trusts where the children were the sole be… Read More

When Attorney Fees Can Be Awarded in Divorce/Family Litigation

April 24th, 2011

Posted By

Mark A. Wortman

While Missouri courts normally follow the “American Rule” regarding legal fees – that each party is responsible for his or her own costs – Missouri dissolution of Marriage statutes give the court the discretion to order one party to contribut… Read More

Order Requiring Parents to Share in Unlimited Expenses is Unenforcable

March 20th, 2011

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Mark A. Wortman

A dispute that Missouri family law attorneys see on a regular basis is the sharing of children’s extracurricular activity expenses. Under Missouri law, the Court can require parents to share certain expenses, over and above the monthly child suppor… Read More

Child Neglect Shown in recent Decision

February 5th, 2011

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Mark A. Wortman

In a recent decision by the Missouri Court of Appeals, clear, cogent and convincing evidence supported a finding of neglect in protecting the child, maintaining the household, and supervising the child. “If a parent is unable to pay for all of… Read More

Less than 1 year before paternity "disestablishment" statute of limitations goes into effect

January 16th, 2011

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Mark A. Wortman

Missouri’s paternity disestablishment law, enacted in August 2009, allows men who have been declared the father of a child by a court or the Division of Family Services to set aside (overrule) the finding of paternity and terminate child support an… Read More

Case Law Update: No contempt found when action was not intentional and contumacious - standards for custody modification

November 22nd, 2010

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Mark A. Wortman

The Circuit court ordered re-financing of the house after divorce. At the hearing on a subsequent contempt action, the circuit court found that failure to comply was not contemptuous because party did not have the financial ability to comply with the… Read More

Missouri no fault divorce - what it does and does not mean

November 2nd, 2010

Posted By

Mark A. Wortman

Similar to other states, Missouri is a modified no-fault divorce state. However, there is some misconception out there about what this actually means for divorcing parties in Missouri. Modified no-fault divorce means that a party does not have to pro… Read More

Missouri Divorce and Family Law Blog listed as top 50 Divorce Blog

October 20th, 2010

Posted By

Mark A. Wortman

The Missouri Divorce and Family Law Blog was just recently listed as a top 50 divorce blog by mastersincounseling.com. Abby Nelson, at the site, posted a great compilation of blogs, covering divorce and family law areas such as: Her side, his side, s… Read More

Recent ruling: Termination of parental rights unsupported

October 1st, 2010

Posted By

Mark A. Wortman

The statute provides that, when considering whether to terminate parental rights, the circuit court must consider certain factors, as to which evidence was either absent; less than clear, cogent and convincing; or favored the parent. Factors includin… Read More

Court clarifies confusing child support statute pertaining to college course requirements:

August 24th, 2010

Posted By

Mark A. Wortman

The Missouri statute that mandates the continuation of child support after age 18 if the child attends college was amended in 2007, and provisions were added that are somewhat contradictory. In a recent ruling by the Missouri Court of Appeals, the Co… Read More

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