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Court clarifies confusing child support statute pertaining to college course...

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...

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Missouri no fault divorce – what it does and does not mean

Similar to other states, Missouri is a modified no-fault divorce state. However, there is some misconception out there about what this actually means for divorcing parties in Missouri. Modified...

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Child Neglect Shown in recent Decision

In a recent decision by the Missouri Court of Appeals, clear, cogent and convincing evidence supported a finding of neglect in protecting the child, maintaining the household, and supervising the...

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When Attorney Fees Can Be Awarded in Divorce/Family Litigation

While Missouri courts normally follow the “American Rule” regarding legal fees – that each party is responsible for his or her own costs – Missouri dissolution of Marriage statutes give the court the...

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Who gets to claim the kids for federal and state income tax purposes?

There are many ways that the income tax dependency for children in divorce can be handled, although most of them are not supported by the law.  If the parties are in agreement, then nearly any method...

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Characterization of Property in Divorce – Increases in Value of Non-Marital...

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...

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December Courts Bulletin: Recent updates in Missouri Case Law

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...

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Missouri Supreme Court Increases Maximum Child Support Overnight Credit

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,...

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Factors Considered by the Court when Making a Custody Determination

In Missouri, there are guidelines that the Court must follow in making a child custody determination.  While all child custody determinations must be made in accordance with the best welfare and...

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“Sole physical custody” award that incorporates significant parenting time to...

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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