Spousal maintenance or alimony awards are often modifiable. What this means is that if there is a change in circumstances (e.g., income) bewteen the parties after the maintenance is originally entered, then a subsequent motion to modify maintenance can be filed to appropriately change the amount, duration and/or frequency of the maintenance. Under Section 452.370.1,…
Legal Articles
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…
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”…
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…
Parenting Plan: Missouri Child Custody and Support
Parenting Plans are required in Missouri in cases of divorce, legal separation, etc. The Parenting Plan is, as you might expect, comprehensive. Courts will enter a weekly physical custody schedule, which even includes details regarding custody arrangements during holidays. Education choices, health care decisions, and extra-curricular decisions also need to be addresses. Are these decisions…
Child Custody Relocation of a Child by a Parent/Legal Guardian
Under Missouri law, once a child custody order is in place by a Missouri Court, that Court has jurisdiction over the child for purposes of determining custody. As such, you are usually “locked in” to that County’s Court for some time. Accordingly, special procedures need to be followed if one parent wants to move a…
Child Custody Disputes; Habeas Corpus
When confronted with a child custody dispute, a Court will always side with the decision which furthers the child’s best interests. This holds true in Child Custody Modifications, divorces, annulments, and paternity suits which ultimately decide child custody and support arrangements. In certain circumstances, emergency measures must be taken if a parent, guardian, or third…
Child Custody & Support in Saint Louis, Missouri
Child Custody and Child Support are issues inherent in a Divorce when there are minor children. As always, the best interests of the child will always be the guiding criterion in determining custody if the parties cannot agree on an arrangement. Flowing from custody is child support; the former greatly influences the latter. It is…