» Financial Issues
Increase in Income Ends Maintenance but Strict Compliance With Statute Required
December 6th, 2017
Recent Case from the Missouri Court of Appeals Wife appeals the modification court’s judgment granting, in part, Husband’s motion to modify his maintenance obligation. The purpose of maintenance is to meet the reasonable expenses of a depende…
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Spousal Maintenance (f/k/a alimony) reduced based on medical disability
October 26th, 2017
Recent Missouri case: On a motion to modify (reduce) maintenance, evidence of a substantial and continuing change included “detailed evidence” of Movant Husband’s stroke-induced disability and reduced income, and no evidence of an increase in W…
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New Missouri Child Support Guidelines in Effect as of July 1, 2017
July 3rd, 2017
Effective July 1, 2017, Missouri’s New Form 14 and new Child Support Guidelines took effect. Notable changes to the previous law include: Changes to the presumed amounts in the chart, especially at the lower and higher income levels Changed sch…
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Child support continued for child over age 18 with mental disability
May 7th, 2017
Recent Case from the Missouri Court of Appeals: Mother appeals from a judgment modifying her child support obligation to continue support for a child beyond the age of eighteen. Mother argues that it was against the weight of the evidence to find the…
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Modification of spousal support order requires substantial and continuing change in circumstances
December 5th, 2016
Recent Case: From the Missouri Court of Appeals, Modification of Spousal Support vs. Property Division Appellant Husband appeals the trial court’s judgment reducing, but not terminating, his maintenance obligation, retroactive to February 2015, and…
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New Missouri Child Support Guidelines and Amounts to take effect July 1, 2017
November 19th, 2016
From the Supreme Court of Missouri: “It is ordered that effective July 1, 2017, Civil Procedure Form No. 14, entitled “Child Support Amount Calculation Worksheet”, along with the directions, comments for use, and examples for comple…
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Failure to include holiday or vacation schedule in parenting plan
November 14th, 2016
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 fail…
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Restrictions on visitation, and subsequent removal of them, both require a ruling on child’s best interest
October 29th, 2016
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 t…
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LAGERS Pension divided as a future asset
July 23rd, 2016
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 fut…
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Modification of Maintenance appropriate on Voluntary Retirement and Increase in Resources of Obligee; No entitlement to attorney fees just because of lesser income.
May 30th, 2016
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 circum…
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