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Uniform Child Custody Jurisdiction Enforcement Act (House Bill 1358) and the Uniform Interstate Family Support Act (House Bill 1360), failed to pass during final week of 2008 legislative session

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 ad… Read More

Recent Family Law Rulings From the Missouri Court Of Appeals

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… Read More

5-18-07 This weeks Missouri Family Law Cases

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… Read More

Courts Bulletin : April Family Law Cases

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 proo… Read More

Missouri Courts Bulletin: Substantial Change in Circumstances Not Required for Change in Parenting Time in Joint Custody Arrangement

Standard of proof for modification of joint physical custody. Kimberly Russell n/k/a Kimberly Bichsel, Respondent v. Mark Russell, Appellant, No. 87917 (Mo. banc, January 9, 2007), Wolff, C.J.   It is axiomatic that the modification of visi… Read More

Missouri Case Law Development: Parenting Plan Must Address School Holidays and Birthdays

Record supports Trial Court’s order for anger management, and order is sufficiently specific to enforce. Trial Court did not stop Father from participating during in-chambers interview, and Child’s statements in that procedure support cus… Read More

Missouri Case Law Development: Trial Court May Modify Child Support Beyond Motion 30 Days After Judgment

Thirty days after it issues its judgment, Trial Court loses jurisdiction other than the modifications requested in timely motion and any necessary to correctly calculate child support. "In this case, when Husband petitioned the trial court to .… Read More

Giving Depositions in your family law case: An Overview and some tips

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… Read More

20% Change in income rule does not apply to modifications of support orders using an amount other than the presumed amount

In Missouri, generally, for a parent to modify child support, they must show a substantial and continuing change in circumstances that warrant a change in support.  Missouri law states that if there is a 20% increase or decrease in the incomes o… 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