101 South Hanley, Suite 1280 Clayton, MO 63105
314.283.8930; henry@elsterlaw.com

Split Custody, Dual Form 14s

Form 14 refers to the worksheet created by the Missouri Supreme Court to calculate the presumptive/default child support amount. It is calculated by taking into account, among other things, each parents’ gross income and time spent with the child(ren). When parents have multiple children, and the custody arrangement for a given child is different, this […]

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Income & Expense Statements in Divorce, Maintenance/Alimony

Missouri law requires that a party to a divorce proceeding file a statement of income and expenses detailing all of his/her personal receipts and expenditures. Depending upon the county, the income and expense statement is filed at the time of a party’s initial pleadings or soon after. Many counties further require that the parties supplement the […]

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Family/Child Custody Relocation of Residence

After a divorce or custody determination, whenever a parent “relocates” he/she must follow certain statutory procedures notifying the other parent of the move. “Relocate” means a change in the principal residence of a child for a period of 90+ days — but is not a temporary absence from the principal residence. Thus, you can “relocate” […]

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Child Custody Modification/Changes

Judicial child custody orders can be modified if the Court finds that a changs has occurred in the circumstances of the child or his/her custodian and that modification is necessary to serve the child’s best interests. Section 452.410.1. Before a custody can be modified, there must be a significant or substantial change in circumstances. Kinner v. […]

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Custody Modification: Military

Child custody orders are very difficult when one party is in the military and on active service. Section 452.412 sets a number of limits on child custody modifications when a parent is in the military and deployed out of state: A party’s absence, relocation […] shall not, by itself, be sufficient to justify a modification of […]

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Family Access Motion

Unfortunately, it is not always the case that after a judgment of dissolution (divorce), legal separation, or paternity the matter remains fully resolved. Changes in circumstances can (and often do) occur regarding a parent/guardian’s financial resources –or regarding the parties generally– thus necessitating a motion to modify child support and/or child custody. Worse yet, what […]

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Appealing Pendente Lite (PDL) Judgments in a Divorce

Judgments and orders Pendente Lite (“PDL”) in a divorce may order that one party is awarded attorney fees, child custody, child support, and/or spousal maintenance while the litigation is pending. Although a PDL action falls under scope of the overall divorce proceeding — and is made in anticipation of a final dissolution decree —  it is […]

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Missouri Division of Family Services, Social Services

Administrative agencies in Missouri are created by the Missouri legislature and are intended to, among other things, lessen the burden placed on courts and provide more streamlined, efficient services in certain areas of need. Domestic services — particularly in the area of paternity, child custody, and child support — is an example of such an […]

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When does Child Support end in Missouri?

One of the more common questions I receive is when does Child Support end in Missouri? My answers is inevitably that the Division of Family Services Order or the Court Order needs to be consulted first to determine if there is a set end date. If the order does not articulate a specific end date […]

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Non-Contested/Uncontested/Contested Divorce

A large percentage of divorces in Missouri are often uncontested. The parties agree on all of the property distributions, allocation of debts, and child custody & support arrangements (when applicable). The remaining hurdle, then, is navigating the court system to obtain the actual divorce decree. Although Missouri does have very “user-friendly” help yourself documents online […]

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