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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

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

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

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

Stock Split is Marital Property in Missouri Divorce

Recent Case:  Split of Stock awarded to spouse is property of that spouse Wife appeals the judgment of contempt of the Circuit Court of St. Charles County ordering her to transfer 960 shares of stock to Husband. Decision upheld Because the dissoluti… Read More

Property division in Missouri divorce is final and cannot be modified

Recent Case:  Division of Property is final and non-modifiable in divorce proceedings.  Statute enacted after the end of divorce case does not apply retroactively. In a recent case from the Missouri Court of Appeals, Wife appeals the trial court’… Read More

Domestic Partnership does not constitute marriage for termination of spousal support (aka alimony)

Recent case: Missouri law states that remarriage terminates spousal support unless expressly agreed or ordered otherwise. Domestic partnership does not qualify for this purpose. Ex-Husband appeals the circuit court’s judgment denying his motion to… 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