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

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

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

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

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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Grossly disproportionate division of property and debts in a divorce proceeding reversed

In a recent ruling by the Missouri Court of Appeals for the Southern District, a division of property and debt where the Wife received 93% of the assets and 27% of the debts, and the Husband received 7% of the assets and 73% of the debt was reversed… Read More
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If you pay child support per a Missouri judicial or administrative order and your income is reduced or lost - A Motion to Modify is required.

In today’s turbulent economic climate, where job losses or reductions in income are frequent, it is critical to immediately deal with a child support order upon any significant change in income. Failure to act quickly can lead to an even greater fi… Read More
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Missouri Supreme Court Decision: Spouse's Contribution to Separate Property Creates Marital Interest In Property Which May Be Divided by Trial Court

In a recent decision by the Supreme Court of Missouri, the Court held that a spouses contribution to otherwise separate property creates a marital interest that can be divided by the Court. In Missouri, property that was owned prior to the marriage i… Read More
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When Child Support Terminates in Missouri; Requirements for the Continuation of Child Support while the Child Attends College

Generally, in Missouri child support terminates when a child dies, marries, enters the military, becomes self supporting, or turns 18. However, child support can continue after age 18, and all the way to age 21, if the following requirements are met:… Read More
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Bankruptcy Filings Up Substantially in 2009

As a practicing family and bankruptcy attorney, I consistently run into cases where people are dealing with both a divorce (or other family law related matter), as well as a bankruptcy. This is because, many times, one is the cause of the other (this… Read More
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Temporary breaks in post-secondary vocational education do not violate the continuous enrollment requirement of Missouri's post-secondary education child support law.

Child support in Missouri can continue after the child turns 18, and until 21, if the child is attending a post high school education program, provided that several requirements are met. (See RSMo section 452.340.5 below in the extended post). One su… Read More
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