» Divorce
Parenting plan must have written time schedule and address holidays
January 18th, 2015
Recent Case: Missouri parenting plans must have specific, written parenting time schedule and must address holidays. Mother appeals from a judgment entered in the Circuit Court of Atchison County dissolving her marriage to Father. Mother challenges t…
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Trial court has the authority to enter a Qualified Domestic Relations Order (QDRO) even after the death of the plan participant.
January 11th, 2015
Recent Case: Missouri Court of Appeals In a 2010 dissolution judgment, Husband and Wife agreed, per a separation agreement, that each would get one-half of Husband’s Anheuser-Busch pension “unless Wife remarries.” In 2011, Husband remarried. He…
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Railroad Retirement benefits are partially marital property subject to division in Missouri divorce
September 20th, 2014
Recent case: Tier II railroad retirement benefits are marital property Husband appeals the circuit Court’s judgment dissolving his marriage to Wife. Husband contends that, among other things, that the Court misapplied the law in classifying as mari…
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Court must account for all property in Missouri divorce
August 17th, 2014
Recent case: Party to Missouri divorce cannot appeal until all claims addressed Wife appeals the circuit court’s judgment dissolving her marriage to Husband. Wife contends that the court erred in failing the distribute a marital pension/retirement…
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60 day Notice required for relocation, not Motion to Modify
April 14th, 2014
Case Law Update: Motion to Modify is not required to relocate, but 60 day notice must be given to the non-moving parent, who then may file an objection. Under Missouri law the address designated as the minor child’s primary residence for educationa…
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Unequal Division of Marital Property Appropriate in Some Circumstances
April 2nd, 2014
In a Missouri Divorce, the Court must divide all of the property and debt acquired during the marriage. The property does not necessarily need to be divided equally, but it must be divided equitably (fairly). In determining this, the Court must consi…
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Child Support terminated and child emancipated if requirements for college are not met; child must report grades and course load to parents.
March 9th, 2014
Case Law Update on the issue of emancipation of a child and termination of child support obligation for a child in college when course load requirement is not met. Filed March 4 – Missouri Court of Appeals, Eastern District – ED99492 Fath…
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Enforcement of Missouri Divorce Decrees: Contempt of Court Proceedings.
February 1st, 2014
When a Missouri divorce is concluded, and the Judgment Decree is signed by the judge, regardless of whether the case was settled or tried by the court, the parties are expected to follow the order. While most people do, there are always those who cho…
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Categories: Assets and Debts, Child Support, Divorce, Family Law, Financial Issues, Legal Proceedings, Property Division
Form 14 Mandatory for Determination of Child Support
January 28th, 2014
Recent Case Holding: The trial Court is required to calculate the presumed amount of child support pursuant to Civil Procedure Form 14. In a recent case from the Missouri Court of Appeals – Eastern District, Husband appeals from the trial Court’s…
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Child Support Credit for Overnights Mandatory
November 4th, 2013
Recent case: A. Harris vs. G Harris, Missouri Court of Appeals, Eastern District – ED99276 Father appeals the trial court’s judgment and decree of dissolution of marriage. Father claims the trial court erred in calculating Father’s child su…
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Categories: Child Support, Custody and Visitation, Divorce, Financial Issues, Military Divorce, Modifications
Mark A. Wortman
Mark A. Wortman is a Missouri family law attorney who handles only divorce and family law matters within the state. Due to this specialty, Mark Wortman has handled thousands of Missouri divorce and family cases and has practiced extensively in front… Read More
