Court must consider division of marital property before ordering spousal maintenance (alimony); Factors that determine amount of spousal support.

In a recent ruling from the Court of Appeals, Husband appealed the trial Court’s decision granting maintenance to the Wife, claiming, among other things, that the Court did not consider the Wife’s award of marital property, and the abilit… Read More
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Electronic Domestic Case Filing Begins in March in Jackson County

News Release from the Jackson County Circuit Court: Starting in March, there will be no more mad dashes to the courthouse by attorneys to file papers at the last minute. The Circuit Court in Jackson County will begin paperless electronic filing which… Read More
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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
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Express allegations of abuse or neglect required for mandatory appointment of Guardian Ad Litem; Alternating weekend parenting plan is joint physical custody.

Recent case: CJWQ vs. SJQ Missouri Court of Appeals, Western District – WD74342 Mother appeals the circuit court’s judgment modifying the dissolution decree from her marriage to Father. Mother asserts that the court erred when: (1) it failed… Read More
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Courts Bulletin: Modifiable maintenance granted at divorce is terminated when all of the reasons it was awarded have changed.

An action to terminate modifiable maintenance was granted. The case is fact-specific, but deserves reporting simply because of the dearth of appellate cases in which modifiable maintenance is terminated. At the time of the parties’ divorce (dates n… Read More
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"Sole physical custody" award that incorporates significant parenting time to the other parent is not sole custody by definition, but joint custody instead

Recent ruling: TC A Minor Child, by and through JC, Next Friend and JC, Individually v SI Missouri Court of Appeals, Western District – WD7455 Father appeals from a judgment entered in the Circuit Court of Clay County in an action to establish… Read More
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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
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Adding Spouse to Legal Title Transmutes Non-Marital Real Property to Marital; Wedding Rings are Separate Non-Marital Property

Recent Case: JJ v. EJ Missouri Court of Appeals, Western District – WD74148 Adding a spouse to the title of non-marital property, in this case a farm, transmutes separate non-marital property into marital property. Consequently, when Respondent… Read More
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Factors Considered by the Court when Making a Custody Determination

In Missouri, there are guidelines that the Court must follow in making a child custody determination. While all child custody determinations must be made in accordance with the best welfare and interests of the child, there is also a statutory and ca… Read More
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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
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