Recent Posts in Domestic law Category
Posted on Apr 24, 2012 By Jerry Wallentine
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" »
Posted on Apr 23, 2012 By Jerry Wallentine
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" »
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 Apr 9, 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 "Missouri relocation statute requires strict compliance with notice" »
Posted on Apr 4, 2012 By Jerry Wallentine
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" »
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 Feb 23, 2012 By Jerry Wallentine
In a ruling by the Missouri Court of Appeals, in a custody modification proceeding, the trial court’s modified parenting plan delegated the authority to make all medical, educational, and ...
Continue reading "Delegation of Parenting decisions to third parties held unenforceable" »
Posted on Feb 17, 2012 By Jerry Wallentine
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" »
Posted on Feb 9, 2012 By Jerry Wallentine
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" »
Posted on Feb 1, 2012 By Jerry Wallentine
To allow your partner to take care of things for you if you can't speak for yourself, you must prepare the right legal documents. If you ever become unable to make your own health care decisions ...
Continue reading "Making Financial and Medical Decisions for your Partner" »
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" »