The Southern District of Missouri Court of Appeals decided in Schubert v. Schubert that misconduct during the marriage and pendency of a dissolution action is a factor to consider when awarding maintenance. Wife and husband had seven children together. Prior to having children, wife worked as a nurse. Once they started raising a family, the wife stayed at home, working … Read More
Leonard Rodarte Siegel - Family Law Blog
How Does a Step-Father Get Full Custody During a Divorce?
Blood relation is not everything; Missouri courts also look to the relationship between an adult and the minor child when determining what is in the child’s best interest. A recent ruling by the Supreme Court of Missouri, Bowers v. Bowers, confirmed a circuit court’s decision to give full custody to the step-father of a young child. The mother started dating … Read More
Your Right to Have a Lawyer
Normally, the right to have a lawyer is associated when someone is with the police, possibly a target of a criminal investigation. Missouri gives you the right to have a lawyer outside any criminal setting, applying that right to the termination of parental rights (TPR) hearings as well. A recent ruling in the Southern District of Missouri, In re Interest … Read More
Modifying Maintenance in Missouri
Generally, when maintenance (also known as alimony) is awarded to a former spouse, the amount is non-modifiable. However, certain circumstances will allow modification. Recently in Missouri, Husband was ordered to pay Wife $1,875 per month plus 35% of all commissions and bonuses for maintenance. At the time of divorce, Husband was making $260,000 per year. A year later, Husband lost … Read More
Are you at Risk for Criminal Charges?
Failing to pay child support for an extended period of time may result in criminal charges, ranging from a misdemeanor to a felony. In a recent Western District of Missouri case, a father’s felony criminal conviction was upheld for failing to pay child support. The father was ordered by a court to make monthly child support payments following his divorce. … Read More
What Abandoning Your Child Means in Missouri
Failing to meaningfully engage or interact with your child for an extended period of time may result in the termination of your parental rights. The Children’s Division of the State of Missouri’s Department of Social Services took a 3-year-old into protective custody after she was found wandering the street by herself. Father attended the first supervised meeting with his child, … Read More