Blog Posts in February, 2012
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" »
Posted on Feb 3, 2012 By Jerry Wallentine
As a criminal defense lawyer , I often visit my clients in custody. I am always surprised to see so many elderly people incarcerated. It seemed to me that the number of elderly people who were ...
Continue reading "Elderly Inmates On The Rise" »
Posted on Feb 1, 2012 By Jerry Wallentine
To allow your partner to take care of things for you if you can't speak for yourself, you must prepare the right legal documents. If you ever become unable to make your own health care decisions ...
Continue reading "Making Financial and Medical Decisions for your Partner" »