» Paternity

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

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

Case Law Update: No Child Abandonment Without Knowledge

Recent Ruling: Termination of parental rights requires proof of statutory grounds by clear, convincing and cogent evidence, and proof of child’s best interest by a preponderance of the evidence. In an action to terminate parental rights, the statut… Read More

Missouri Supreme Court Increases Maximum Child Support Overnight Credit

The Missouri Supreme Court has recently issued an order that, effective, January 1, 2012, increases the maximum allowable Form 14 child support overnight credit to 50%. Specifically, on the Form 14, which is Missouri’s child support calculation… Read More

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

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

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

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

Recent ruling: Termination of parental rights unsupported

The statute provides that, when considering whether to terminate parental rights, the circuit court must consider certain factors, as to which evidence was either absent; less than clear, cogent and convincing; or favored the parent. Factors includin… Read More

Court clarifies confusing child support statute pertaining to college course requirements:

The Missouri statute that mandates the continuation of child support after age 18 if the child attends college was amended in 2007, and provisions were added that are somewhat contradictory. In a recent ruling by the Missouri Court of Appeals, the Co… Read More