Recent Posts in Child Support Category
Posted on Dec 31, 2012 By Jerry Wallentine
William Marotta donated sperm and two lesbian women used the sperm to have a child. In March 2009, he signed a contract with them waiving his parental rights. However, Kansas, is attempting to declare ...
Continue reading "Kansas Attempts to Enforce Child Support on a Sperm Donor" »
Posted on Nov 30, 2012 By Richard W. Martin
Missouri has an expedited procedure for determining paternity for the purpose of child support. However, a common pitfall of this rush to judgment is that many men are adjudicated fathers without ...
Continue reading "Petitioner (challenger) must pay for genetic tests" »
Posted on Oct 11, 2012 By Jerry Wallentine
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. ...
Continue reading "Child's conduct toward parent irrelevant in child support payments" »
Posted on Sep 12, 2012 By Jerry Wallentine
Identical twins yield identical paternity tests. State of Missouri, ex rel., Department of Social Services, Division of Child Support Enforcement, and Holly Marie Adams, Petitioners/Respondents v. ...
Continue reading "Genetic tests mught be insufficient standing alone" »
Posted on Sep 5, 2012 By Jerry Wallentine
The Missouri statute that mandates the continuation of child support after age 18 if the child attends college was amended in 2007, and provisions were added that are somewhat contradictory. In a more ...
Continue reading "Court clarifies child support statute pertaining to college enrollment" »
Posted on Aug 5, 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 "Genetic testing barred by prior divorce action: Res Judicata" »
Posted on Aug 3, 2012 By Jerry Wallentine
Father requested information concerning Daughter's college education, and received limited information through the child-support agencies which served as intermediaries between Father and Mother. ...
Continue reading "Failure to comply with statute terminated child support" »
Posted on Jul 31, 2012 By Jerry Wallentine
The facts of this case are convoluted. In essence, Father, the child support obligor was significantly in arrears on his child support obligation, when he became disabled. He eventually won and ...
Continue reading "Case law update: Child Support obligor entitled to an offset of arrearages for SSDI payments" »
Posted on Jun 15, 2012 By Jerry Wallentine
Ordinarily, Missouri child support is subject to revision when financial circumstances change such that the child support amount by 20% or more. However, there must be an actual material change in ...
Continue reading "20% Child Support modification rule doesn't apply without change of circumstaces" »
Posted on May 28, 2012 By Jerry Wallentine
Recent Case: TLD v. JRD Missouri Court of Appeals, Western District - WD73385 Mother appeals from the trial court's amended judgment order of modification retroactively modifying Father’s ...
Continue reading "Child Support not subject to collateral attack; Court of Appeals can amend child support based on judicial admission" »
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 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 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 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 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 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" »