Currently, Section 452.340, RSMo, is the primary statutory authority in Missouri for child support. It touches on the size, scope, nature and duration of child support payments, and how it is are handled and calculated in conjunction with a decree of divorce or legal separation. The Missouri Legislature is discussing making a small tweak in…
Legal Articles
Termination of Parental Rights
There are certain situations when the State of Missouri, usually through the Department of Family Services, can terminate an individual’s parental rights. Before discussion, though, it is important to note that the U.S. Supreme Court has noted that a component of the 14th Amendment’s Due Process Clause is that a parent has the fundamental, constitutional…
Delinquent Child Support Payments
Missing child support payments is serious. If you live in Missouri and your ex-spouse has missed child support payments, you have a few things that you can do via the Division of Family Services. However, because it is often preferable to avoid using the judicial and administrative law system, it may be a good idea…
Missouri Name Change Law
In Missouri, a person may change his/her name by filing a petition in the appropriate circuit court. Once filed, the court will inquire to see if the petitioner is a child or an adult (i.e., over 18). Normally, for an adult petitioner, it must be shown that the name change is not detrimental to the…
Child Support Enforcement
The following is a great article I found online pertaining to how to enforce child support orders. It’s written about the law in Vermont, but the law in Missouri is very similar. I am not the author of this article. While it’s not comprehensive, it provides a good summary of how the system works (indeed,…
Division of Property in Divorces
How is property divided in a divorce in Missouri? One of the most exhausting aspects of a divorce is the division of property. Under Missouri divorce law, a court has the responsibility of determining the character of property owned by the parties. Property is either classified as “marital” or “nonmarital.” A Missouri court is not…
Guardian Ad Litems
A Guardian Ad Litem (“GAL”) is appointed in the court’s discretion to represent a child’s interests in divorce cases, custody/child support modifications, paternity actions, adoptions and other cases implicating the possible abuse/neglect of a child. The basic idea of the GAL is that a child (usually just those under 18) may be unable to vocalize…
Child Custody Modifications
Child Custody orders entered by a court after a divorce are rarely final. Indeed, if after a period of time one of the parents seeks a change in custody arrangements, he or she can do so by petitioning the court. In the Petition, the party must submit a proposed parenting plan for the child. This…
Durable Powers of Attorney
A power of attorney is a document where one person or entity (a principal) grants consent authorizing another person or entity (agent) to act on his or her behalf. Essentially, under this arrangement, the agent has consent to act on behalf of the principal in certain situations and is authorized to make decisions which will…
Divorce
Divorce is always trying, and even agonizing at times. In terms of legally effectuating a divorce, sometimes it is smooth and sometimes it is very difficult. Let me explain. For a couple to be divorced in Missouri, it must be shown that the marriage is “irretrievably broken.” Irretrievabe breakdown is easy to prove if both…