» Child Support
2 year statute of limitations applies to set aside a paternity and child support order, even if fraud exists.
May 17th, 2016
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…
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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
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…
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Categories: Alimony / Maintenance, Assets and Debts, Child Support, Divorce, Family Law, Financial Issues, Modifications
Employer required to garnish child support
April 6th, 2015
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…
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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
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…
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Modified Child Support retroactive to personal service of the Motion
October 6th, 2014
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…
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Child Support terminated and child emancipated if requirements for college are not met; child must report grades and course load to parents.
March 9th, 2014
Case Law Update on the issue of emancipation of a child and termination of child support obligation for a child in college when course load requirement is not met. Filed March 4 – Missouri Court of Appeals, Eastern District – ED99492 Fath…
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Enforcement of Missouri Divorce Decrees: Contempt of Court Proceedings.
February 1st, 2014
When a Missouri divorce is concluded, and the Judgment Decree is signed by the judge, regardless of whether the case was settled or tried by the court, the parties are expected to follow the order. While most people do, there are always those who cho…
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Categories: Assets and Debts, Child Support, Divorce, Family Law, Financial Issues, Legal Proceedings, Property Division
Form 14 Mandatory for Determination of Child Support
January 28th, 2014
Recent Case Holding: The trial Court is required to calculate the presumed amount of child support pursuant to Civil Procedure Form 14. In a recent case from the Missouri Court of Appeals – Eastern District, Husband appeals from the trial Court’s…
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Child Support Credit for Overnights Mandatory
November 4th, 2013
Recent case: A. Harris vs. G Harris, Missouri Court of Appeals, Eastern District – ED99276 Father appeals the trial court’s judgment and decree of dissolution of marriage. Father claims the trial court erred in calculating Father’s child su…
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Categories: Child Support, Custody and Visitation, Divorce, Financial Issues, Military Divorce, Modifications
Missouri Divorce FAQ: What is an Uncontested Divorce in Missouri?
May 26th, 2013
An uncontested divorce in Missouri is a divorce where both the Husband and the Wife are in complete agreement with all terms of the divorce before the case is filed. In almost all cases, if the case can be resolved as an uncontested matter, there wil…
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Mark A. Wortman
Mark A. Wortman is a Missouri family law attorney who handles only divorce and family law matters within the state. Due to this specialty, Mark Wortman has handled thousands of Missouri divorce and family cases and has practiced extensively in front… Read More
