On July 7, 2009, Governor Jay Nixon signed into law senate bill number 141, which modifies Missouri’s paternity laws, effective August 28, 2009. The new law revises sections 210.826, and 210.828 and adds a new section 210.854, which will now allow…
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Newly passed legislation will finally enact the Uniform Child Custody Jurisdiction and Enforcement Act as of August 28, 2009. Missouri was one of only three states that had not yet enacted the UCCJEA. This act will replace the current Uniform Child C…
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An issue that I have seen a few times, and that was recently before the Court of Appeals for the Southern District, involves the incorporation of maintenance (alimony) provisions into a Marital Settlement Agreement, where the agreement provides that…
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The Uniform Child Custody Jurisdiction and Enforcement act (UCCJEA) may finally win approval in this year’s legislative session. The measure is part of the Omnibus Judicial Bill (HB 187) that was perfected by a voice vote in the House this week. Th…
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In a divorce proceeding, a personal injury settlement can be a major asset that will have to be divided between the parties. Missouri uses the “analytical” approach to determine whether the settlement proceeds are marital, non-marital, or…
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The following post appeared earlier this month on the South Carolina Family Law Blog. I thought these were some great thoughts for divorcing parents to keep in mind: While divorce proceedings may pose a great burden upon parents, they often have a di…
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What happens when a parent tries to avoid a child support obligation because they are not working or only have a small amount of income? Well, in the eyes of the Court, that parent will be treated as if they did have income sufficient to pay the chil…
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With so many people facing bankruptcy in the current climate, it may be good news to know (depending on which side you are on, of course) that the bankruptcy does not allow a person owing a domestic support obligation to use bankruptcy as a way to av…
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For the purposes of calculating child support in Missouri, the Form 14 calculation is used. The starting point is the Gross Income of the parties. So, what does that include and what exactly does it mean? The following is a summary of the official co…
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In this time of economic downturn, I am seeing quite a few people filing for divorce who have substantial debt problems, and many are considering, or needing, to file for bankruptcy. This is especially true considering that a large number of those co…
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