» Paternity
Courts Bulletin: Child Relocation
April 9th, 2012
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.,…
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Awarding Tax Dependency Credit To Non Custodial Parent Not Prejudicial When Custodial Parent Has No Income
April 7th, 2012
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…
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Categories: Child Support, Divorce, Financial Issues, Legal Separation, Military Divorce, Modifications, Paternity
Case Law Update: No Child Abandonment Without Knowledge
March 4th, 2012
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…
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Categories: Adoption and Guardianship, Child Abuse, Custody and Visitation, Divorce, Domestic Abuse, Paternity
Missouri Supreme Court Increases Maximum Child Support Overnight Credit
January 24th, 2012
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…
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Courts Bulletin: Recent developments in Missouri Family Law
November 28th, 2011
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),…
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When Attorney Fees Can Be Awarded in Divorce/Family Litigation
April 24th, 2011
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…
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Child Neglect Shown in recent Decision
February 5th, 2011
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…
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Less than 1 year before paternity "disestablishment" statute of limitations goes into effect
January 16th, 2011
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…
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Recent ruling: Termination of parental rights unsupported
October 1st, 2010
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…
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Court clarifies confusing child support statute pertaining to college course requirements:
August 24th, 2010
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…
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