Posted by Emily Fretwell
Under Missouri law, in a divorce, you might be entitled to a monthly payment from your ex-spouse known as maintenance and formally known as alimony. The trial court can award maintenance if it first determines that the individual seeking maintenance “lacks sufficient property, including marital property apportioned to him, to provide for his reasonable need” …
Continue reading "If My Spouse Divorces Me, Will I Have the Money to Survive?"
Tags: Alimony, divorce, family law, Maintenance, Marital Property, MarriagePosted by Chip Gentry
People get married, they have children and then they get a divorce (albeit not always in that order). At the time of the divorce, the court adopts a parenting plan that sets forth the custody schedule for the parents and the minor children throughout the year. In addition, the parenting plan designates an “educational residence.” This residence …
Continue reading "Relocation of Minor Children After Divorce"
Tags: Children, Custody, divorce, Modification, Parenting PlanPosted by Jason L. Call
Every year, Missourians and other Midwesterners look forward to the annual county fair. Funnel cake stands, petting zoos, and biergartens (beer gardens) pop up from St. Louis to Kansas City, and everywhere in between. These celebrations of all things summer also bring with them collapsible mechanical rides and foldable attractions that are ideal for convenient …
Continue reading "Dangerous Carnival Rides – Protecting Your Friends and Family at the County Fair"
Tags: Amusement Parks, Carnival Rides, Fairs, Personal injuryPosted by Emily Fretwell
On July 19, 2018, a “Ride the Ducks” duck boat carrying 31 people capsized and sank at Table Rock Lake near Branson, Missouri. Seventeen people drowned, including children. The victims range in age from 1 to 70. Nine victims were members of the same family. Facts of the Case According to reports, a severe thunderstorm …
Continue reading "Preventable Loss: Duck Boat Tragedy in Branson, Missouri"
Posted by Chip Gentry
Construction Site Injuries – Protecting You and Your Family after Suffering Serious Harm The construction industry is a dangerous profession where tens of thousands of serious injuries occur each and every year. Hazardous conditions and a fast paced environment with dozens of employees performing hundreds of jobs simultaneously naturally creates the risk for severe …
Continue reading "Construction Site Injuries"
Tags: Capital City High School, Construction, Injuries, Occupational Safety and Health Administration, OSHA, Personal injury, rebar, Safety, U.S. Department of LaborPosted by Jason L. Call
Most people are at least somewhat familiar with their constitutionally protected right to an attorney. Law and Order, CSI, and other television programs often employ the common Miranda Rights language in their dialogue: You have the right to remain silent. Anything you say can and will be used against you in a court of law. You have …
Continue reading "Privacy Not Permitted: Attorney Consultations and Refusing a Breathalyzer Test"
Posted by Emily Fretwell
Introduced during this 2018 session in the Missouri Legislature are two bills that would change the way courts decide what parenting plan to adopt in contested custody disputes. Under the current state of the law, the court need only adopt the custodial arrangement that is in the best interest of the minor child and, in …
Continue reading "Equal Parenting – A Possible New Starting Point for Custody in Missouri"
Tags: 452.375; SB645; HB1667; rebuttable presumption; primary caregiver; joint custody; equal parentingPosted by Chip Gentry
Under Missouri law, the courts in custody cases are required to adopt a parenting plan that the court finds is in the best interest of the child or children of the parties. If the parties agree upon a written parenting plan, the court will adopt this parenting plan so long as the court agrees it …
Continue reading "Missouri Divorce Law – What is a Parenting Plan?"
Tags: Divorce; Parenting Plan; Legal CustodyPosted by Jason L. Call
Anybody with children will tell you that they’re expensive. The law presumes that the more custody or visitation time you have with your children, the more expensive they are. Child support is money paid from one party to the other to help cover the cost incurred in supporting the minor children during the time you …
Continue reading "How is Child Support Calculated in Missouri Divorce Cases? (Form 14)"
Tags: child support; family law; form 14; joint custodyPosted by Emily Fretwell
CAN A NON-PARENT GET CUSTODY OF MY KID? People have a child or children automatically assuming that they, as parents, have the right to make decisions for the child or children so long as they are minors. This assumption has been reinforced by the United States Supreme Court which has consistently found that parents have a “fundamental” …
Continue reading "Can a Non-Parent Get Custody of My Kid in Missouri?"
Tags: child custody, divorce, family law, K.M.M. v. K.E.W.; ED105087, third-party