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 modif… Read More
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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. The Court ultim… Read More
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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 educationa… Read More
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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
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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 substantial… Read More
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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 court’s Find… Read More
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Missouri Divorce FAQ: What is spousal maintenance (alimony), how is it calculated, and how long does it last in Missouri?

In a Missouri divorce case, one of the issues that the Court will have to decide is the payment of maintenance (alimony) to the former spouse. Spousal maintenance payments are monthly payments made from one spouse to the other when one spouse cannot… Read More
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Modification of grandparent custody to Mother solely requires change in circumstances; best interest of child

Recent case: Missouri Court of Appeals, Eastern District – ED99303 Grandparents appeal from the judgment of the trial court modifying a 2009 custody order changing an arrangement of joint custody between grandparents and Mother to an award of s… Read More
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Missouri Child Support Modification: 20% change in support amount, overnight credits, bonus and interest income, income tax dependency.

Recent Case: JK v. JK WD74592 Father appeals from a judgment entered in the Circuit Court of Cole County granting Mother’s motion to modify child support. In its judgment, the circuit court found that a substantial and continuing change in circumst… Read More
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Electronic Domestic Case Filing Begins in March in Jackson County

News Release from the Jackson County Circuit Court: Starting in March, there will be no more mad dashes to the courthouse by attorneys to file papers at the last minute. The Circuit Court in Jackson County will begin paperless electronic filing which… Read More
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