» Child Support

Missouri Child Support Modification: 20% change in support amount, overnight credits, bonus and interest income, income tax dependency.

Recent Case: JK v. JK WD74592 Father appeals from a judgment entered in the Circuit Court of Cole County granting Mother’s motion to modify child support. In its judgment, the circuit court found that a substantial and continuing change in circumst… Read More

Setting aside of default judgment appropriate when good cause shown and meritorious defense; Ability to pay supports award of attorney's fees

Recent Case: JT Appellant vs. AT, Respondent Missouri Court of Appeals, Eastern District – ED97995 Father appeals from the trial court’s judgment of November 8, 2011, dissolving his marriage with Mother and entering a child custody and su… Read More

Failure to comply with statutory documentation requirement ends support of child in college

Recent case: CB v. DB Missouri Court of Appeals, Western District – WD74067 Father requested information concerning Daughter’s college education, and received limited information through the child-support agencies which served as intermediari… Read More

Child support judgment not subject to collateral attack in later proceeding; Court of Appeals can amend child support judgment based on judicial admission.

Recent Case: TLD v. JRD Missouri Court of Appeals, Western District – WD73385 Mother appeals from the trial court’s amended judgment order of modification retroactively modifying Father’s child support obligation and ordering Mother to… Read More

Awarding Tax Dependency Credit To Non Custodial Parent Not Prejudicial When Custodial Parent Has No Income

New Case Law: CB v. DB Missouri Court of Appeals, Southern District – SD31614 Notwithstanding the fact that the Missouri case law generally states that tax benefits must go to the custodial spouse unless the trial court expressly finds it unjus… Read More

Missouri Supreme Court Increases Maximum Child Support Overnight Credit

The Missouri Supreme Court has recently issued an order that, effective, January 1, 2012, increases the maximum allowable Form 14 child support overnight credit to 50%. Specifically, on the Form 14, which is Missouri’s child support calculation… Read More

Courts Bulletin: Recent developments in Missouri Family Law

Administrative child support orders are available for the support of all eligible children, including children of citizens of other countries. Lajeunesse v. State of Missouri Department of Social Services, No. 73477 (Mo. App. W.D., October 4, 2011),… Read More

Case Law Update: No Prejudice from Deficient Relocation Notice

Missouri statute requires that a parent relocating with a child give notice to the other parent. Receipt of notice starts the 30 day time limit to file a motion to bar the relocation. A deficient notice does not, alone, provide grounds to modify cust… Read More

Recent case: Forum under Uniform Child Custody Jurisdiction Act and in personam jurisdiction

www.courts.mo.gov/file.jspMissouri Constitution provides subject matter jurisdiction of circuit courts. The Uniform Child Custody Jurisdiction Act provides comity among states and determines which state is the most appropriate forum for seeking remed… Read More

Order Requiring Parents to Share in Unlimited Expenses is Unenforcable

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