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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Retroactive Child Support Orders

During several divorce, paternity or child support cases, a long period of time can elapse between the filing of the petition and when the court enters its final judgment and order. It is quite common for cases to last 18+ months, particularly in contested cases. Knowing this, parties will often string a case out as […]

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Imputed Income

When calculating child support in Missouri, the Court is required to determine a presumed amount of child support pursuant to Form 14. Neal v. Neal, 941 S.W.2d 501, 504 (Mo. 1997). The starting point for Form 14 is a determination of each parent’s monthly gross income. Ricklefs v. Ricklefs, 39 S.W.3d 865, 874 (Mo. Ct. App. 2001). […]

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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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Missouri Divorce Attorney, Custody, Costs/Fees

Even though the powers that be in Missouri have undertaken steps to expedite the divorce process in Missouri, it is still a taxing ordeal. When there are minor, unemancipated children born of the parties/parents, a Court may be inclined to appoint a guardian ad litem to represent the child(ren)’s interests in the litigation. The appointment […]

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Attorney Fees: Can I Make the Other Side Pay Them?

Attorney fees is the elephant in the room litigants usually do not immediately consider before delving deeper and deeper into litigation. It is quite common that economic circumstances, and not necessary the merits of a given case, determine whether to file/settle/dismiss a case. Would you spend $5,000 in legal fees in order to obtain $100 […]

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