Recent Posts in Divorce Category
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Posted on May 18, 2013 By Jerry Wallentine
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. ...
Continue reading "Case law update: Best interest factors discussed" »
Posted on May 17, 2013 By Jerry Wallentine
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 ...
Continue reading "Remand required when no date set on sale of marital home" »
Posted on May 7, 2013 By Jerry Wallentine
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 ...
Continue reading "Missouri relcoation statute" »
Posted on May 6, 2013 By Richard Martin
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 ...
Continue reading "Case law update: child support award upheld; misconduct supports attorneys fee award" »
Posted on Apr 26, 2013 By Jerry Wallentine
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 ...
Continue reading "Case law update: Spousal Maintenance award reviewed" »
Posted on Apr 25, 2013 By Jerry Wallentine
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 ...
Continue reading "Court cannot award maintenance without considering property" »
Posted on Apr 16, 2013 By Jerry Wallentine
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 ...
Continue reading "Debts Ordered Paid in Divorce Decree and non-dischargeable in bankruptcy" »
Posted on Mar 14, 2013 By Jerry Wallentine
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 ...
Continue reading "Prenup of millionaire set aside" »
Posted on Feb 25, 2013 By Jerry Wallentine
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 ...
Continue reading "Adoption Contract Causes Re-Adopted Girl To Inherit Millions" »
Posted on Dec 26, 2012 By Jerry Wallentine
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 ...
Continue reading "Default judgment properly set aside in divorce case; attorneys fees award supported" »
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 Oct 3, 2012 By Richard W. Martin
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 ...
Continue reading "Spousal Maintenance ("Alimony") may NOT be used to equalize incomes" »
Posted on Sep 24, 2012 By Jerry Wallentine
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 ...
Continue reading ""Significant" visitation precludes "sole" physical custody" »
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 11, 2012 By Jerry Wallentine
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 ...
Continue reading "Pension payments vs. Disability benefits under pension plan" »
Posted on Aug 29, 2012 By Jerry Wallentine
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 ...
Continue reading "Property division in divorce--should I keep the house?" »
Posted on Aug 27, 2012 By Jerry Wallentine
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 ...
Continue reading "Property division and marital misconduct" »
Posted on Aug 14, 2012 By Jerry Wallentine
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 ...
Continue reading "When do half-truths become untruths?" »
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 Aug 1, 2012 By Jerry Wallentine
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 ...
Continue reading "Case law update: Court must hold evidentiary hearing for change of custody" »
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 Jul 25, 2012 By Jerry Wallentine
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 "Strict Compliance with Relocation Notification Statute" »
Posted on Jul 17, 2012 By Jerry Wallentine
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 ...
Continue reading "Tom Cruise/Katie Holmes divorce?" »
Posted on Jul 16, 2012 By Jerry Wallentine
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 ...
Continue reading "Differences in Property Classification between Kansas and Missouri law" »
Posted on Jul 12, 2012 By Jerry Wallentine
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 ...
Continue reading "Factors to Weigh in Custody Disputes" »
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