Railroad Retirement benefits are partially marital property subject to division in Missouri divorce

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… Read More
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Inability to co-parent grounds for sole custody award; Guardian Ad Litem fees assessed to one party appropriate

Recent Case: Parents’ inability to communicate, cooperate, and make shared decisions concerning their children’s welfare makes joint legal custody inappropriate. This case involved a motion to change custody from Mother to Father. The Court ultim… Read More
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Court must account for all property in Missouri divorce

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… Read More
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Unequal Division of Marital Property Appropriate in Some Circumstances

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… Read More
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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.

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… Read More
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Enforcement of Missouri Divorce Decrees: Contempt of Court Proceedings.

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… Read More
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Form 14 Mandatory for Determination of Child Support

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… Read More
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Child Support Credit for Overnights Mandatory

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… Read More
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Missouri Case Law: Dispute Resolution Procedure Required in Parenting Plan

Recent case: In Re The Matter of: C.H., by her Next Friend, C.H., and C.H., Individually, Petitioners/Respondents, v. C.W., Respondent/Appellant. Missouri Court of Appeals, Eastern District – ED98749 Mother appeals from the trial court’s Find… Read More
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Missouri Divorce FAQ: What is spousal maintenance (alimony), how is it calculated, and how long does it last in Missouri?

In a Missouri divorce case, one of the issues that the Court will have to decide is the payment of maintenance (alimony) to the former spouse. Spousal maintenance payments are monthly payments made from one spouse to the other when one spouse cannot… Read More
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