» Trials
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 stipulation w…
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Child support paid by third party does not equal child neglect; Proposed Judgments prepared by counsel should not be signed verbatim.
February 6th, 2017
The Constitution protects the fundamental right of a parent to custody of their child even though child’s best interests are the goal of statutes governing adoption. An action for adoption without parental consent terminates, without a separate act…
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Marijuana use not grounds for termination of parental rights
July 19th, 2016
Recent Case: Marijuana use under the level of chemical dependency not grounds for termination of parental rights Father appeals from the judgment terminating his parental rights. Grounds for termination of parental rights require clear and convincing…
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Domestic Partnership does not constitute marriage for termination of spousal support (aka alimony)
May 4th, 2015
Recent case: Missouri law states that remarriage terminates spousal support unless expressly agreed or ordered otherwise. Domestic partnership does not qualify for this purpose. Ex-Husband appeals the circuit court’s judgment denying his motion to…
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Modified Child Support retroactive to personal service of the Motion
October 6th, 2014
Recent Case: Retroactive support can only go back to the date of service of the Motion, 20% change in child support amount is grounds for modification, child support can continue if child incapacitated. Father appeals the judgment and decree of modif…
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Unequal Division of Marital Property Appropriate in Some Circumstances
April 2nd, 2014
In a Missouri Divorce, the Court must divide all of the property and debt acquired during the marriage. The property does not necessarily need to be divided equally, but it must be divided equitably (fairly). In determining this, the Court must consi…
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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 pa…
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Missouri no fault divorce - what it does and does not mean
November 2nd, 2010
Similar to other states, Missouri is a modified no-fault divorce state. However, there is some misconception out there about what this actually means for divorcing parties in Missouri. Modified no-fault divorce means that a party does not have to pro…
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Grossly disproportionate division of property and debts in a divorce proceeding reversed
July 31st, 2010
In a recent ruling by the Missouri Court of Appeals for the Southern District, a division of property and debt where the Wife received 93% of the assets and 27% of the debts, and the Husband received 7% of the assets and 73% of the debt was reversed…
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If you pay child support per a Missouri judicial or administrative order and your income is reduced or lost - A Motion to Modify is required.
June 30th, 2010
In today’s turbulent economic climate, where job losses or reductions in income are frequent, it is critical to immediately deal with a child support order upon any significant change in income. Failure to act quickly can lead to an even greate…
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Categories: Child Support, Divorce, Marriage and Family, Military Divorce, Military Family Law, Modifications, Paternity, Trials
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 Wortman has handled thousands of Missouri divorce and family cases and has practiced… Read More
