Recent ruling: TC A Minor Child, by and through JC, Next Friend and JC, Individually v SI Missouri Court of Appeals, Western District – WD7455 Father appeals from a judgment entered in the Circuit Court of Clay County in an action to establish…
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The following post was contributed by guest author Grant Webb, an accounting and accounting law writer for Bisk Education and Villanova University. Forensic Accountants Fill a Unique Niche Family law and divorce cases are often quite complex. Dependi…
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New Case Law: CB v. DB Missouri Court of Appeals, Southern District – SD31614 Notwithstanding the fact that the Missouri case law generally states that tax benefits must go to the custodial spouse unless the trial court expressly finds it unjus…
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Value of a closely-held corporation must be as fair market value and application of a calculation of value via a buy-sell agreement not related to fair market value is error. Wood v. Wood, No. 96218 (Mo. App. W.D., November 29, 2011), Romines, J. Thi…
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Under Missouri Law, certain property is considered to be non-marital, and not part of the division of the marital estate in a divorce proceeding. Non-marital property includes property: Acquired before the marriage; Acquired by gift or inheritance; A…
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The Circuit Court does not have authority to divide assets that are not owned by either spouse in a dissolution of marriage. In a recent Missouri case, the trial court entered a judgment that divided certain trusts where the children were the sole be…
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While Missouri courts normally follow the “American Rule” regarding legal fees – that each party is responsible for his or her own costs – Missouri dissolution of Marriage statutes give the court the discretion to order one party to contribut…
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In a recent decision by the Missouri Court of Appeals, clear, cogent and convincing evidence supported a finding of neglect in protecting the child, maintaining the household, and supervising the child. “If a parent is unable to pay for all of…
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Similar to other states, Missouri is a modified no-fault divorce state. However, there is some misconception out there about what this actually means for divorcing parties in Missouri. Modified no-fault divorce means that a party does not have to pro…
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In a recent ruling by the Missouri Court of Appeals for the Southern District, a division of property and debt where the Wife received 93% of the assets and 27% of the debts, and the Husband received 7% of the assets and 73% of the debt was reversed…
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