Blog Posts in 2012
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Posted on May 15, 2012 By Jerry Wallentine
The following article was recently published by Jimmy Atkinson on his blog Ask the Advisor . This article addresses a very important issue in a dissolution of marriage proceeding, the division of ...
Continue reading "How Divorce can affect your credit" »
Posted on May 7, 2012 By Jerry Wallentine
Roughly one million felony convictions are filed every year compared to 10 million misdemeanors . As a result, many argue that due process is wholly ignored for defendants accused of a misdemeanors. ...
Continue reading "Quick to Charge Misdemeanors" »
Posted on Apr 25, 2012 By Jerry Wallentine
Other than hearing a verdict in favor of my client, my favorite part of trial is voir dire. This is the jury selection process. As a lawyer, it's my chance to have a conversation with the ...
Continue reading "Is the Jury Selection Process Too Invasive?" »
Posted on Apr 24, 2012 By Jerry Wallentine
From the Wall Street Journal: ALBANY, N.Y. — New York's top court says a divorced Manhattan lawyer is stuck with his losses from an investment with disgraced financier Bernard Madoff that ...
Continue reading "Madoff investment does not reopen divorce settlement" »
Posted on Apr 23, 2012 By Jerry Wallentine
To show transmutation of separate property to marital property requires evidence of owner’s clear intent to contribute the property. Commingling is not enough. Wife’s contributions to ...
Continue reading "Separate Property not Transmuted into Marital Property" »
Posted on Apr 17, 2012 By Jerry Wallentine
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 ...
Continue reading "Awarding Tax Dependencey Credit to non-custodial spouse: No income shown" »
Posted on Apr 16, 2012 By Jerry Wallentine
Two Assistant District Attorneys in Oklahoma were recently fired for allegedly withholding favorable evidence from the defense. The prosecutors' misconduct is known as a Brady Violation. David ...
Continue reading "Prosecutors Fired For Brady Violations" »
Posted on Apr 9, 2012 By Jerry Wallentine
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 ...
Continue reading "Missouri relocation statute requires strict compliance with notice" »
Posted on Apr 4, 2012 By Jerry Wallentine
Under section 455.010(13), "stalking" occurs when any person purposely and repeatedly engages in an unwanted course of conduct that causes alarm to another person when it is reasonable in ...
Continue reading "Mere harrassment insufficient for restraining orders" »
Posted on Apr 3, 2012 By Jerry Wallentine
Should police be able to strip search a person? The Supreme Court thinks so. The United States Supreme Court has now paved the way for the utilization of strip searches by law enforcement when any ...
Continue reading "Supreme Court Allows Strip Searches" »
Posted on Mar 28, 2012 By Jerry Wallentine
In Missouri, there are two primary ways that a non-married parent can seek to establish child support, judicial and administrative. A judicial action is through the circuit court, and an ...
Continue reading "Missouri child support proceedings" »
Posted on Mar 20, 2012 By Jerry Wallentine
The Circuit court ordered re-financing of the house after divorce. At the hearing on a subsequent contempt action, the circuit court found that failure to comply was not contemptuous because party did ...
Continue reading "No contempt found without intentional and contumacious conduct" »
Posted on Mar 13, 2012 By Jerry Wallentine
Child support in Missouri can continue after the child turns 18, and until 21, if the child is attending a post high school education program, provided that several requirements are met. (See RSMo ...
Continue reading "Temporary breaks in schooling permissible under Missouri child support rule" »
Posted on Mar 6, 2012 By Jerry Wallentine
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. ...
Continue reading "No Child Abandonment without Knowledge of Birth" »
Posted on Feb 29, 2012 By Jerry Wallentine
California Senator Mark Leno, a democrat from San Francisco proposed earlier this week that simple drug possession be charges be misdemeanors instead of their current felony status. He argued that ...
Continue reading "Lawmaker Proposes Simple Possession To be a Misdemeanor Instead of a Felony" »
Posted on Feb 27, 2012 By Jerry Wallentine
A child was born to a Russian citizen in West Virginia. Father was a Missouri resident and a support order was sought for the child through the Department of Social Services (DSS), which established ...
Continue reading "Missouri child support enforcement applies to foreign children" »
Posted on Feb 23, 2012 By Jerry Wallentine
In a ruling by the Missouri Court of Appeals, in a custody modification proceeding, the trial court’s modified parenting plan delegated the authority to make all medical, educational, and ...
Continue reading "Delegation of Parenting decisions to third parties held unenforceable" »
Posted on Feb 20, 2012 By Jerry Wallentine
Missouri's paternity disestablishment law, enacted in August 2009, allowed men who have been declared the father of a child by a court or the Division of Family Services to set aside (overturn) ...
Continue reading "Challenging Paternity: statute of limitations" »
Posted on Feb 19, 2012 By Jerry Wallentine
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 ...
Continue reading "Grossly disproportionate assets division overturned on appeal" »
Posted on Feb 17, 2012 By Jerry Wallentine
In a divorce proceeding, a personal injury settlement can be a major asset that will have to be divided between the parties. Missouri uses the "analytical" approach to determine whether the ...
Continue reading "Division of Personal Injury Settlements in Divorce" »
Posted on Feb 13, 2012 By Jerry Wallentine
It has become customary in contract of all kinds to include a provision that no representations have been made unless expressly written in the contract and that the terms of the contract cannot be ...
Continue reading "Divorce settlement agreements must be drafted with care" »
Posted on Feb 10, 2012 By Jerry Wallentine
Trial judge is prohibited from ordering ex-husband to submit to genetic testing where previous divorce judgment found that ex-husband was not the father of child, where child was represented by a ...
Continue reading "Paternity Issue could not be relitigated a second time" »
Posted on Feb 9, 2012 By Jerry Wallentine
Separation Agreement gave Amway distributorship to Wife for monthly payments to Husband. That payment was considered support because nothing else provided maintenance, the payment was in installments, ...
Continue reading "Debt Set Over to Spouse Non-dischargable in Bankruptcy" »
Posted on Feb 8, 2012 By Jerry Wallentine
43 year-old Eli Escalera tried to rob a bank in Stock Island, Fla., "disguising" himself with a pair of shorts on his head. Allegedly, Escalera gave the bank teller a note that said ...
Continue reading "Wearing Shorts Over Your Head Isn't A Good Disguise For A Robbery" »
Posted on Feb 5, 2012 By Jerry Wallentine
Cap on Punitive Damages Withstands Challenges In action under the Missouri Merchandising Practices Act, evidence sufficient for a submissible case against business owner individually included ...
Continue reading "Consumer Protection Punitive Damages upheld" »
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