In Missouri, there are two primary ways that a non-married parent can seek to establish child support, judicial and administrative. A judicial action is through the circuit court, and an administrative action is through the Family Support Division. T…
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On July 7, 2009, Governor Jay Nixon signed into law senate bill number 141, which modifies Missouri’s paternity laws, effective August 28, 2009. The new law revises sections 210.826, and 210.828 and adds a new section 210.854, which will now allow…
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An issue that I have seen a few times, and that was recently before the Court of Appeals for the Southern District, involves the incorporation of maintenance (alimony) provisions into a Marital Settlement Agreement, where the agreement provides that…
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In a divorce proceeding, a personal injury settlement can be a major asset that will have to be divided between the parties. Missouri uses the “analytical” approach to determine whether the settlement proceeds are marital, non-marital, or…
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The Missouri Court of Appeals for the Southern District of Missouri has just recently upheld the Missouri exemption (protection from creditors) for Tenancy by the Entirety for jointly owned property by married couples. Tenancy by the Entireties is a…
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What happens when a parent tries to avoid a child support obligation because they are not working or only have a small amount of income? Well, in the eyes of the Court, that parent will be treated as if they did have income sufficient to pay the chil…
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With so many people facing bankruptcy in the current climate, it may be good news to know (depending on which side you are on, of course) that the bankruptcy does not allow a person owing a domestic support obligation to use bankruptcy as a way to av…
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For the purposes of calculating child support in Missouri, the Form 14 calculation is used. The starting point is the Gross Income of the parties. So, what does that include and what exactly does it mean? The following is a summary of the official co…
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In this time of economic downturn, I am seeing quite a few people filing for divorce who have substantial debt problems, and many are considering, or needing, to file for bankruptcy. This is especially true considering that a large number of those co…
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Recent Case Summary Statute requires interest on maintenance not paid. Neither “good faith . . . reliance upon what [Obligor] understood to be a valid court order” that no interest was due, nor Obligee’s inconsistent theories on amo…
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