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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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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Findings are not required under 452.375 (custody statute) where the trial court has determined that the party seeking to change a custody order has failed to satisfy the required burden of proof. The required findings under 452.376 do not come into p…
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Effective yesterday, July 1, 2008, Supreme Court Rule 88.09 comes into effect which requires parties not represented by counsel to participate in a litigant awareness program that explains the risks and benefits of self representation, as well as req…
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Two proposals by the Family Law Section of the Missouri Bar failed to pass in 2008. House Bill 1358 proposed to enact the Uniform Child Custody Jurisdiction Enforcement Act. Missouri remains one of only four jurisdictions that has not adopted the Act…
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Circuit Court May Depart From Recommendations On Physical Custody Guardian ad litem and court-appointed therapist both recommended joint legal custody and supervised visitation for Father. Circuit Court followed the former but not the latter. When ev…
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Wife Concedes Ambiguous Term In Agreement; Prevails On Appeal Separation agreement provided non-modifiable maintenance to Wife, and Circuit Court found no basis for modification, so it had no power to modify maintenance. Husband’s points, all r…
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Burden of proof of stalking for order of protection. Thomas Schwalm, Respondent v. Lori Schwalm, Appellant, No. 87829 (Mo. App. E.D., March 20, 2007), Richter, P.J. This case is instructional to the extent it discusses the failure of proof that requi…
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In its simplest form, a deposition is the giving of oral testimony under oath before trial. Depositions are conducted in front of a court reporter and will assist your attorney in the preparation for trial. The use of oral depositions is a standard p…
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