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Relocation approved, custody changed from joint custody to sole custody

Recent case:  Relocation must be in good faith and in children’s best interests; sole custody award appropriate when parents cannot jointly make decisions. In a recent case from the Missouri Supreme Court, a mother sought to modify a judgment diss… 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

Attorney fee expenses cannot be considered part of reasonable monthly expenses in maintenance modification

Recent case: Attorney fees are not a substantial and continuing change in circumstances that supports a modification of maintenance, especially when the fees are for the modification case. Husband appeals the judgment modifying the divorce decree inc… Read More

Rule that a 20% change in child support amount grounds to modify does not apply if original amount was agreed deviation from Form 14

Recent Case:  Party seeking modification of previous agreed order must show that they cannot support the child in the manner contemplated at the time of the agreement.  20% rule does not apply. In a recent case from the Missouri Court of Appeals, F… Read More

Modified Child Support retroactive to personal service of the Motion

Recent Case:  Retroactive support can only go back to the date of service of the Motion, 20% change in child support amount is grounds for modification, child support can continue if child incapacitated. Father appeals the judgment and decree of mod… Read More

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.  T… Read More

60 day Notice required for relocation, not Motion to Modify

Case Law Update:  Motion to Modify is not required to relocate, but 60 day notice must be given to the non-moving parent, who then may file an objection. Under Missouri law the address designated as the minor child’s primary residence for educatio… Read More

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

Inability to pay spousal maintenance (alimony) and declining health support modification of spousal support award in Missouri.

Recent case: JPD v. KMD Missouri Court of Appeals, Eastern District – ED99338   Husband appeals from the trial court’s Judgment denying his  motion to modify his maintenance obligation owed to his ex-wife. Husband argues there was a sub… Read More

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 cour… Read More

Mark A. Wortman

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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