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» Property Division

Debts ordered to be paid in Divorce Decree are not dischargeable in Chapter 7 Bankruptcy

Since 2005, the Bankruptcy law has been relatively clear that nearly any obligation resulting from a dissolution of marriage proceeding is not dischargeable in bankruptcy, whether that is in the nature of a domestic support obligation (11 USC 523(a)(… Read More

Setting aside of default judgment appropriate when good cause shown and meritorious defense; Ability to pay supports award of attorney's fees

Recent Case: JT Appellant vs. AT, Respondent  Missouri Court of Appeals, Eastern District – ED97995 Father appeals from the trial court’s judgment of November 8, 2011, dissolving his marriage with Mother and entering a child cust… Read More

Parenting Plan must account for all custodial time; Court can determine child's education when parents are unable to agree; Court has broad discretion in dividing property and division will be upheld unless Court abuses discretion

Recent Case: KO vs. MS Missouri Court of Appeals, Western District – WD74673 Wife appeals the judgment of the trial court entering a dissolution decree. In several points on appeal, she challenges the court’s determinations regarding chi… Read More

Adding Spouse to Legal Title Transmutes Non-Marital Real Property to Marital; Wedding Rings are Separate Non-Marital Property

Recent Case:  JJ v. EJ Missouri Court of Appeals, Western District – WD74148 Adding a spouse to the title of non-marital property, in this case a farm, transmutes separate non-marital property into marital property. Consequently, when Res… Read More

Family lawyers and Divorce Attorneys function hand in hand with Forensic Accountants

The following post was contributed by guest author Grant Webb, an accounting and accounting law writer for Bisk Education and Villanova University.   Forensic Accountants Fill a Unique Niche Family law and divorce cases are often quite complex.… Read More

December Courts Bulletin: Recent updates in Missouri Case Law

Value of a closely-held corporation must be as fair market value and application of a calculation of value via a buy-sell agreement not related to fair market value is error. Wood v. Wood, No. 96218 (Mo. App. W.D., November 29, 2011), Romines, J.… 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,… Read More

Recent case: Forum under Uniform Child Custody Jurisdiction Act and in personam jurisdiction Constitution provides subject matter jurisdiction of circuit courts. The Uniform Child Custody Jurisdiction Act provides comity among states and determines which state is the most appropriate forum for seeking remed… Read More

Characterization of Property in Divorce - Increases in Value of Non-Marital Assets only Marital to Extent of Marital Contributions

Under Missouri Law, certain property is considered to be non-marital, and not part of the division of the marital estate in a divorce proceeding.  Non-marital property includes property: Acquired before the marriage; Acquired by gift or inherit… Read More

Who gets to claim the kids for federal and state income tax purposes?

There are many ways that the income tax dependency for children in divorce can be handled, although most of them are not supported by the law.  If the parties are in agreement, then nearly any method of claiming the children can be use… 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