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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On August 20, 2008 the Advisory Commitee of the Supreme Court of Missouri issued a formal opinion that the practice of Collaborative law, a form of practice where clients agree from the outset to settle their case out of court through negotiation rat…
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To show transmutation of separate property to marital property requires evidence of owner’s clear intent to contribute the property. Commingling is not enough. Wife’s contributions to Husband’s separate property did not transmute into marital p…
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As most people know, the California Supreme Court recently ruled that the state’s ban on same-sex marriage was unconstitutional. So what does that mean for Missourians? In California, there were two statutes that said that a marriage is between…
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Effective yesterday, July 1, 2008, Supreme Court Rule 88.09 comes into effect which requires parties not represented by counsel to participate in a litigant awareness program that explains the risks and benefits of self representation, as well as req…
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