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Child Support Overnight Credit Denied if Recipient's Income is Below Threshhold

Recent Case-Missouri Court of Appeals:  Father appeals denial of overnight credit in child support case. In a judicial action for child support where the non-custodial parent has overnight parenting time with the child(ren), he or she is entitled to… Read More

Increase in Income Ends Maintenance but Strict Compliance With Statute Required

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… Read More

Spousal Maintenance (f/k/a alimony) reduced based on medical disability

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… Read More

Modification of Another State’s Custody Order Depends on The Other State Releasing Jurisdiction

Recent Case from the Court of Appeals:  States have continuing, exclusive jurisdiction over their custody judgments until released by the rendering state. The Uniform Child Custody Jurisdiction and Enforcement Act conditions authority of any State t… Read More

Grandparent Visitation must be done as a motion to modify if a divorce decree exists; visitation denied due to best interests of the child

Recent Case from the Missouri Court of Appeals: Father appeals from a judgment denying his motion to modify child support. Grandparents appeal from the same judgment which also denied their petition seeking grandparent visitation. The Grandmother did… Read More

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

New Missouri custody law seeks to maximize time with each parent, takes effect August 28

Governor Jay Nixon signed House bill 1550 into law on July 1, 2016, which takes effect August 28, 2016.  This law has been dubbed as an equal custody law, or 50/50 custody law, but that is not an entirely accurate description.  Rather than specific… 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

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

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