» Other Updates
In Missouri, party waives right to appeal when a Judgment is entered by consent/agreement
February 12th, 2019
Party waives right to appeal when a Judgment is entered by consent/agreement.
Recent case from the Missouri Court of Appeals: Parties cannot appeal a Judgment that was entered by Stipulation (agreement).
Father and Mother entered into a stip…
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No spousal support (alimony) award that leaves paying spouse negative income
April 27th, 2015
Recent Case: Trial Court error in awarding Wife spousal support amount that left Husband with negative budget, Court must also consider Wife’s ability to contribute
Husband appeals from the trial Court’s judgment awarding $1,000 in monthly mainte…
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Trial court has the authority to enter a Qualified Domestic Relations Order (QDRO) even after the death of the plan participant.
January 11th, 2015
Recent Case: Missouri Court of Appeals
In a 2010 dissolution judgment, Husband and Wife agreed, per a separation agreement, that each would get one-half of Husband’s Anheuser-Busch pension “unless Wife remarries.” In 2011, Husband remarried.…
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Attorney Fees Awarded on Defective Relocation Notice
June 17th, 2014
Recent Case: Father was awarded sole custody and Mother ordered to pay attorney fees due to defective relocation notice.
Missouri’s relocation statute requires a parent who intends to relocate the child for a period of more than 90 days to provid…
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Categories: Other Updates
Child Support terminated and child emancipated if requirements for college are not met; child must report grades and course load to parents.
March 9th, 2014
Case Law Update on the issue of emancipation of a child and termination of child support obligation for a child in college when course load requirement is not met.
Filed March 4 – Missouri Court of Appeals, Eastern District – ED99492
Fath…
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Hearing over paternity of Anna Nicole Smith's infant daughter slated Friday
February 23rd, 2007
FORT LAUDERDALE, Fla. (AP) — The melodramatic legal fallout from Anna Nicole Smith’s death shifted Friday from where to bury the former Playboy Playmate to who gets custody of her baby, who could inherit millions.
Attorneys for Larry Birk…
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This Week in Missouri Family Law: Court Must Set Visitation
February 2nd, 2007
Circuit Court did not err in denying Father’s unwritten motion for continuance that was unsupported by affidavit or Mother’s consent. Father did not show that Circuit Court failed to divide property according to judgment because he offere…
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Missouri Case Law Development: Child's Conduct Is Not Relevant To Child Support Award
January 29th, 2007
Trial Court erred in failing to follow two-step procedure for determining Child support. Child’s SSI from Father’s disability does not constitute income to Father or credit for Mother. Evidence did not support imputation of income to Fath…
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Attorney's Fees as tax deductions
January 29th, 2007
The Kansas Family Law Blog had a great posting recently about the deductibility of attorney’s fees, which I have set forth below. For more information on this issue, see the tax archives of this blog
It’s that time of year aga…
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Missouri Case Law Development: Presumed correct child support regarding daycare
January 29th, 2007
Presumed correct support amount even if daycare paid separately. John Mitalovich, Appellant, v. Tammy Lee Toomey, Respondent, No. 87755 (Mo. App. E.D., November 21, 2006, Ahrens, P.J.
This summary is strictly for the purpose of noting the…
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Mark A. Wortman
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
