Blog Posts in January, 2012
Posted on Jan 30, 2012 By Jerry Wallentine
Fourth Amendment Protects Text Messages Cell phone owners have reasonable expectation of privacy subject to Fourth Amendment protections that phone company’s ability to access does not negate. ...
Continue reading "Fourth Amendment protections apply to text messages" »
Posted on Jan 29, 2012 By Jerry Wallentine
The Missouri Supreme Court has recently issued an order that, effective, January 1, 2012, increases the maximum allowable Form 14 child support overnight credit to 50%. Specifically, on the Form 14, ...
Continue reading "Missouri Supreme Court raises child support credit" »
Posted on Jan 24, 2012 By Jerry Wallentine
Statute requires an affidavit to support claims of malpractice against medical provider. Plaintiff sought relief under Missouri Human Rights Act on allegations that hospital’s failure to provide ...
Continue reading "Affidavit required for med-mal cases no matter how Plaintiff characterizes his claim" »
Posted on Jan 23, 2012 By Jerry Wallentine
Kansas Proposed House Bill 2330 would legalize medical marijuana. This law hopes to provide legal protection for medical marijuana patients. The proposed bill will be heard by the House Committee on ...
Continue reading "Medical Marijuana in Kansas?" »
Posted on Jan 20, 2012 By Jerry Wallentine
In a decision by the Supreme Court of Missouri, the Court held that a spouse's contribution to otherwise separate property creates a marital interest that can be divided by the Court. In Missouri, ...
Continue reading "Spouse's contributions to non-maritable property" »
Posted on Jan 18, 2012 By Jerry Wallentine
There are five tests you must meet to claim your partner as a tax dependent. If you financially support your partner (heterosexual or same-sex), you may be able to file a tax return as a single person ...
Continue reading "Claiming your partner on tax returns" »
Posted on Jan 17, 2012 By Jerry Wallentine
With so many people facing bankruptcy in the current climate, it may be good news to know (depending on which side you are on, of course) that the bankruptcy does not allow a person owing a domestic ...
Continue reading "Family support obligations and bankruptcy" »
Posted on Jan 14, 2012 By Jerry Wallentine
Most states, like Kansas, have enacted a version of the Uniform Child Custody Jurisdiction Enforcement Act (UCCJEA). A few, like Missouri, still have the predecessor act, the UCCJA, which operates ...
Continue reading "Court lacked personal jurisdiction to order child support" »
Posted on Jan 10, 2012 By Jerry Wallentine
Trusts where the children are beneficiaries cannot be divided in divorce. The Circuit Court does not have authority to divide assets that are not owned by either spouse in a dissolution of marriage. ...
Continue reading "The children's trust cannot be divided in the divorce" »
Posted on Jan 8, 2012 By Jerry Wallentine
In Kansas, generally the parents will be ordered to alternate years for claiming the children regardless of who is the custodial parent. Generally, this seems the fairest approach since it would be a ...
Continue reading "Who gets to claim children on taxes--differences in MO and KS law" »
Posted on Jan 5, 2012 By Jerry Wallentine
In divorce cases, Kansas law allows an award of attorneys fees (ordering one party to pay the other's attorneys fees) "as justice may require." This means that the judge has broad ...
Continue reading "Attorney fee shifting in Kansas and Missouri divorce cases" »
Posted on Jan 3, 2012 By Jerry Wallentine
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 ...
Continue reading "Missouri increases in value of non-marital property will be divided only to the extent of marital contributions" »
Posted on Jan 1, 2012 By Jerry Wallentine
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 ...
Continue reading "Valuation of Closely held Corporation in divorce" »