Courts Bulletin: Child Relocation

Under § 452.377, RSMo, relocation of child’s residence requires strict compliance to statutorily required notice before strict compliance with time to file objection to relocation is required. Abraham v. Abraham, No. 31099 (Mo. App. S.D.,… Read More
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Awarding Tax Dependency Credit To Non Custodial Parent Not Prejudicial When Custodial Parent Has No Income

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… Read More
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Courts Bulletin: Recent developments in Missouri Family Law

Administrative child support orders are available for the support of all eligible children, including children of citizens of other countries. Lajeunesse v. State of Missouri Department of Social Services, No. 73477 (Mo. App. W.D., October 4, 2011),… Read More
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Case Law Update: No Prejudice from Deficient Relocation Notice

Missouri statute requires that a parent relocating with a child give notice to the other parent. Receipt of notice starts the 30 day time limit to file a motion to bar the relocation. A deficient notice does not, alone, provide grounds to modify cust… Read More
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Spousal Maintenance (Alimony) in Missouri: When Granted, Duration, Termination, Modifcation.

Spousal maintenance, formerly known as alimony, can be awarded to either spouse in Missouri divorces. To support the award, the Court must find that the spouse seeking maintenance (1) lacks sufficient property, including marital properly awarded, to… Read More
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When Attorney Fees Can Be Awarded in Divorce/Family Litigation

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… Read More
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Order Requiring Parents to Share in Unlimited Expenses is Unenforcable

A dispute that Missouri family law attorneys see on a regular basis is the sharing of children’s extracurricular activity expenses. Under Missouri law, the Court can require parents to share certain expenses, over and above the monthly child suppor… Read More
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Child Neglect Shown in recent Decision

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… Read More
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Less than 1 year before paternity "disestablishment" statute of limitations goes into effect

Missouri’s paternity disestablishment law, enacted in August 2009, allows men who have been declared the father of a child by a court or the Division of Family Services to set aside (overrule) the finding of paternity and terminate child support an… Read More
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Case Law Update: No contempt found when action was not intentional and contumacious - standards for custody modification

The Circuit court ordered re-financing of the house after divorce. At the hearing on a subsequent contempt action, the circuit court found that failure to comply was not contemptuous because party did not have the financial ability to comply with the… Read More
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