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Failure to include holiday or vacation schedule in parenting plan is trial court error; Voluntary reduction in Income does not support reduction in child support

Recent Case from the Missouri Court of Appeals:  Parenting plans must contain holiday and vacation schedules; voluntary reduction in income does not support child support reduction Mother appeals the trial court’s judgment of modification for a fa… Read More

Restrictions on visitation, and subsequent removal of them, both require a ruling on child’s best interest

Recent Case:  When a custody order contains restricted visitation, those restrictions must not be lifted, or even phased out, until a subsequent hearing to determine whether removal of the restrictions is in the child’s best interest. Evidence… Read More

New Missouri custody law seeks to maximize time with each parent, takes effect August 28

Governor Jay Nixon signed House bill 1550 into law on July 1, 2016, which takes effect August 28, 2016.  This law has been dubbed as an equal custody law, or 50/50 custody law, but that is not an entirely accurate description.  Rather than specific… Read More

LAGERS Pension divided as a future asset

Recent Case:  LAGERS Pension present value of zero but future payment divided Missouri Statutes require division of marital property, including local government retirement system benefits. The Circuit court treated the defined benefit pension as a f… Read More

Marijuana use not grounds for termination of parental rights

Recent Case: Marijuana use under the level of chemical dependency not grounds for termination of parental rights Father appeals from the judgment terminating his parental rights. Grounds for termination of parental rights require clear and convincing… Read More

Modification of Maintenance appropriate on Voluntary Retirement and Increase in Resources of Obligee; No entitlement to attorney fees just because of lesser income.

Recent Case:  Wife appeals Judgment of the Circuit Court modifying her spousal maintenance award and denial of attorney fees Statutes base maintenance on, and limit it to, need, and allow modification when a substantial and continuing change in circ… Read More

2 year statute of limitations applies to set aside a paternity and child support order, even if fraud exists.

Mother and Father (T.B.) had a baby in 2000.  Mother told T.B. he was the father, and he signed an affidavit acknowledging paternity.  The Family Support Division made an administrative determination that T.B. was the legal father, and ordered T.B.… Read More

Spousal Support (Maintenance) Denied in Missouri Divorce

Recent Case: Missouri Court of Appeals upholds Judgment denying spousal support when sufficient property is awarded Wife appeals from the trial court’s judgment that dissolved her marriage with Husband, divided marital property and marital debt… Read More

Child’s refusal to visit other parent no excuse to violate custody order; Parent held in Contempt

Recent Missouri Case:     Parent responsible for violating the court order when child refuses to visit the other parent as required in the court ordered parenting plan Appellant D.R.P. (“Mother”) appeals the judgment of the Circuit Co… Read More

All financial resources can be considered for support, but parent must have some level of control over gifts and inheritances to count as income

Courts Bulletin: No financial resource is exempt from the court’s consideration for child support and maintenance calculation purposes. However, financial gifts from a parent or third party and lump-sum inheritances/financial gifts are considered a… Read More

Mark A. Wortman

Mark A. Wortman's Profile Image
Kansas City family law attorney Mark A. Wortman handles only divorce and family law matters, and practices only in the State of Missouri. Due to this specialty, Mark has handled thousands of Missouri divorce and family cases and has practiced extensi… Read More