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    Recent Posts in Divorce Category

    Madoff investment does not reopen divorce settlement

    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" »

    Separate Property not Transmuted into Marital Property

    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" »

    Awarding Tax Dependencey Credit to non-custodial spouse: No income shown

    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" »

    Missouri relocation statute requires strict compliance with notice

    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" »

    Mere harrassment insufficient for restraining orders

    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" »

    Missouri child support enforcement applies to foreign children

    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" »

    Grossly disproportionate assets division overturned on appeal

    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" »

    Division of Personal Injury Settlements in Divorce

    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" »

    Divorce settlement agreements must be drafted with care

    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" »

    Debt Set Over to Spouse Non-dischargable in Bankruptcy

    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" »

    Spouse's contributions to non-maritable property

    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" »

    Family support obligations and bankruptcy

    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" »

    Court lacked personal jurisdiction to order child support

    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" »

    The children's trust cannot be divided in the divorce

    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" »

    Who gets to claim children on taxes--differences in MO and KS law

    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" »

    Attorney fee shifting in Kansas and Missouri divorce cases

    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" »

    Missouri increases in value of non-marital property will be divided only to the extent of marital contributions

    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" »

    Valuation of Closely held Corporation in divorce

    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" »

    Marital settlement agreement governs when maintenance may terminate

    An agreement that maintenance will terminate "only" upon death excludes application of statute for termination of maintenance upon remarriage. Simpson v. Simpson , No. 91498 (Mo. banc, ...
    Continue reading "Marital settlement agreement governs when maintenance may terminate" »

    Do I need a prenuptual agreement?

    As you may know, prenuptial or antenuptial agreements, colloquially referred to as prenups, are generally contracts entered by parties prior to their marriage (or civil union in some states). The ...
    Continue reading "Do I need a prenuptual agreement?" »

    Yuletide season slows divorce filings

    Divorce filings always seem to decrease around Christmas time. There may be many reasons, including some that we hear such as wanting to keep the family together for one last holiday, or feeling ...
    Continue reading "Yuletide season slows divorce filings" »

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    Address: 130 North Cherry Street, Suite 201 Olathe, KS 66061
    Phone: (913) 764-9700