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Recent Posts in Divorce Category

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Case law update: Best interest factors discussed

Best Interest Factors Discussed Statute makes child’s best interest the circuit court’s central objective and rule bars new trial on any error that does not materially affect that outcome. ...
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Remand required when no date set on sale of marital home

Set Time for Sale of Marital Residence Judgment ordered parties to split proceeds from sale of marital residence but set no date certain for that sale. That does not constitute error per se, but ...
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Missouri relcoation statute

Missouri law governs the relocation of children after a custody order has been entered. "Relocation" is defined as "a change in the principal residence of a child for a period of ninety ...
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Case law update: child support award upheld; misconduct supports attorneys fee award

A recent case stands for the proposition that, under Missouri law, child support may continue during college even when the "child" takes a short break from school due to National Guard ...
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Case law update: Spousal Maintenance award reviewed

Maintenance Affirmed Statute awarding maintenance, providing that property award is a factor, means income-producing property. Record of substantial marital debts supported a finding that wife could ...
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Court cannot award maintenance without considering property

In a recent case, the court of appeals reversed a trial court in a divorce proceedings because the trial judge awarded wife spousal maintenance prior to considering whether she could support herself ...
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Debts Ordered Paid in Divorce Decree and non-dischargeable in bankruptcy

Since 2005, the Bankruptcy law has been relatively clear that nearly any obligation resulting from a dissolution of marriage proceeding is not dischargeable in bankruptcy, whether that is in the ...
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Prenup of millionaire set aside

In the climate of today's divorce laws, perhaps the wisest thing a person can do is obtain a prenuptual agreement prior to marriage. Ideally, it is a way for the parties to clarify beforehand the ...
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Adoption Contract Causes Re-Adopted Girl To Inherit Millions

John and Christine Svenningsen adopted a baby Chinese girl in 1996. They already had four children, and another one to come, besides their adopted girl. John Svenningsen, was a wealthy businessman at ...
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Default judgment properly set aside in divorce case; attorneys fees award supported

Recent Case: JT Appellant vs. AT, Respondent Missouri Court of Appeals, Eastern District - ED97995 Father appeals from the trial court's judgment of November 8, 2011, dissolving his marriage with ...
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Child's conduct toward parent irrelevant in child support payments

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. ...
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Spousal Maintenance ("Alimony") may NOT be used to equalize incomes

New case law. Among other things, the appellate court ruled that whether divorcing parties have widely different post-divorce incomes is irrelevant. A much-needed corrective to how many divorce judges ...
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"Significant" visitation precludes "sole" physical custody

Recent ruling: TC A Minor Child, by and through JC, Next Friend and JC, Individually v SI Missouri Court of Appeals, Western District - WD7455 Father appeals from a judgment entered in the Circuit ...
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Genetic tests mught be insufficient standing alone

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. ...
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Pension payments vs. Disability benefits under pension plan

Pension benefits and disability payments. Sandra Ray Coffman, Respondent v. Elvin Cale Coffman, Appellant, No. 66204, Ellis, J. In this dissolution of marriage action, the parties were married in ...
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Property division in divorce--should I keep the house?

Although written by Pennsylvania family lawyers, the points below are certainly applicable to divorcing spouses in Missouri. The post is set forth in its entirety as follows: Divorce results not only ...
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Property division and marital misconduct

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 7% of the assets and ...
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When do half-truths become untruths?

Occasionally, rarely, courts will illuminate, rather than obscure, the truth. In this opinion, the court of appeals articulated the best definition I have ever seen of when a half-truth becomes ...
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Failure to comply with statute terminated child support

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. ...
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Case law update: Court must hold evidentiary hearing for change of custody

In a recent case, the Kansas Court of Appeals held that a district court must hold an evidentiary hearing before reyling on case managers' recommendations for child custody when those ...
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Case law update: Child Support obligor entitled to an offset of arrearages for SSDI payments

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 ...
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Strict Compliance with Relocation Notification Statute

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 ...
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Tom Cruise/Katie Holmes divorce?

How is this news relevant to you? Rich or poor, famous or not, everyone should try to reach settlement of their own issues, and I am sure they will do their best to do that. And the path should be ...
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Differences in Property Classification between Kansas and Missouri law

A recent case demonstrates a key difference between Kansas law and Missouri law on the classification of property in a divorce case. In Jenkins v. Jenkins, the Missouri Court of Appeals for the ...
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Factors to Weigh in Custody Disputes

Under Missouri law, the parties' intent regarding parenting plans in a divorce or other custody case will be given great weight in most circumstances. As a practical matter, the courts will almost ...
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