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No spousal support (alimony) award that leaves paying spouse negative income

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… Read More

Trial court has the authority to enter a Qualified Domestic Relations Order (QDRO) even after the death of the plan participant.

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.… Read More

Attorney Fees Awarded on Defective Relocation Notice

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… Read More
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Child Support terminated and child emancipated if requirements for college are not met; child must report grades and course load to parents.

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… Read More

Hearing over paternity of Anna Nicole Smith's infant daughter slated Friday

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… Read More

This Week in Missouri Family Law: Court Must Set Visitation

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… Read More

Missouri Case Law Development: Child's Conduct Is Not Relevant To Child Support Award

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… Read More

Attorney's Fees as tax deductions

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… Read More

Missouri Case Law Development: Presumed correct child support regarding daycare

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… Read More

Selling Your Home When Divorcing

The following are some infomative and useful tips on the sale of a residence in divorce from divorcehq.com For many people going through a divorce their biggest asset is their home or in legal speak, the marital residence. Deciding wha… Read More

Mark A. Wortman

Mark A. Wortman's Profile Image
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