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Registering Custody Judgments from Other States in Missouri

If you are moving to Missouri from a different state and have a child custody order you want to make sure can be enforced or modified, it’s important to register it in the state of Missouri as a first step. To do this, one must first send to the court: (1) a letter requesting registration of the child custody order; (2) two copies of the child custody order, with one being certified; (3) a verified statement from you that to the best of your knowledge, said order has not been modified; and (4) your name and address, along with [...]

2023-09-28T15:17:21+00:00September 28th, 2023|Categories: Child Custody|

Duty to Notify of Income Increase in Kansas

Divorced parents often ask questions about whether they have a duty to advise their ex-spouse of changes in income that might affect child support. While there is no such requirement in Missouri, there is a duty to notify in Kansas. Kansas Judges are required to follow the Kansas Child Support Guidelines, which direct how child support should be calculated. The Guidelines also direct when and what factors make child support modification appropriate. According to the Guidelines, either a material change in circumstances needs to be shown or the passage of three years is required for a child support order [...]

2023-08-21T15:22:57+00:00August 21st, 2023|Categories: Uncategorized|

How Long Will My Divorce Take?

A common question clients ask when beginning a divorce is, “How long is this going to take?” While there is a range of possibilities and no definitive timeline for all divorces, there are some factors that will have a definite impact on the timeline. Contested or Uncontested Divorce When spouses have reached an agreement on the substantive aspects of their divorce, they will likely not need much intervention from their attorneys, the court, or outside parties to aid in negotiation. It is much quicker to memorialize an agreement and process it through the Court than to have to negotiate [...]

2023-08-01T16:08:31+00:00August 1st, 2023|Categories: Divorce|

Child Support Modification

If you are paying or receiving child support, there may come a time when child support needs to be reevaluated and either increased or decreased. There are a few reasons a court may decide that a modification is appropriate. In Missouri, the standard for modifying child support is whether there has been a substantial and continuing change in circumstances that renders the terms of the current order unreasonable. In Kansas, the standard is whether there has been a material change in circumstances. Kansas will also allow child support to be reevaluated every three years without the need to show [...]

2023-07-05T15:02:01+00:00July 5th, 2023|Categories: Child Support|

Talking to Your Child about Divorce

Going through a divorce or separation can be a difficult time for the entire family. Regardless of the age of your children, they will face changes, so here are some things you can do to help them move forward: Have a plan. Speak with your spouse about when and how you will discuss your divorce or separation with your children. Consider doing so on a day that allows for some family time and for your children to process the news. If it is extremely difficult for you and your spouse to agree on how to talk to your children, [...]

2023-02-08T16:36:16+00:00February 8th, 2023|Categories: Child Custody, Divorce|

Annulment vs. Divorce

While most people understand the nature of divorce, confusion abounds over the concept of an annulment. Whereas divorce declares a marriage terminated as of the date of a divorce decree, an annulment declares that the marriage was invalid from its very beginning. Essentially, when a judge grants an annulment, it is a finding that a valid marriage never existed. (There is also a difference between an annulment granted by a religious institution and a civil annulment, but this article only concerns the latter). In Missouri, there is a strong presumption all marriages are valid, which makes it tougher to [...]

2023-01-16T17:35:48+00:00January 16th, 2023|Categories: Divorce|

Can My Spouse and I Be Represented by the Same Attorney for Our Divorce?

If you and your spouse have reached a mutual agreement regarding divorce, you may wonder whether you can retain the same attorney to finalize your divorce. The short answer is no, as it is unethical for an attorney to represent both spouses in a pending divorce action. Joint representation in a divorce creates a conflict of interest for the attorney. No matter how agreeable the terms are to each side, an attorney cannot ethically represent both parties in divorce due to the parties’ competing interests. However, if the parties are amicable and have come to an agreement, it may [...]

2022-12-06T15:59:34+00:00December 6th, 2022|Categories: Divorce|

Cryptocurrency and Divorce

Divorce in and of itself is a challenging and often tumultuous process. If your spouse owns cryptocurrency, such as Bitcoin, tracking and valuing the digital currency can further complicate the process. Cryptocurrencies are unlike traditional currencies because they operate on a decentralized system. There is no central bank, government, or regulatory authority backing the asset. Given its decentralized nature, it can be used to hide marital assets.  You may not know if your spouse owns cryptocurrency. Despite its complex nature, cryptocurrency obtained during the marriage is subject to equitable distribution in divorce just like any other asset. Therefore, if [...]

2022-10-13T14:48:20+00:00October 13th, 2022|Categories: Divorce, Property Division|

Spousal Maintenance in Kansas

When is maintenance (a/k/a alimony) granted in Kansas? As with most legal questions, the answer is that it depends. Kansas law provides that the court may grant maintenance if that amount is fair, just, and equitable under the circumstances. Judges in Kansas look at a number of factors when determining whether to award maintenance. These factors include but are not limited to: 1.) The age of the parties; 2.) The parties’ present and prospective earning capacities; 3.) The length of the marriage; 4.) The property owned by the parties; 5.) The parties’ needs; 6.) The time, source and manner [...]

2022-06-09T15:23:06+00:00June 9th, 2022|Categories: Uncategorized|

Termination of Child Support Obligation

A child support obligation is a major financial responsibility. When does that responsibility end? There are several ways that children can be emancipated for child support purposes, and the states of Kansas and Missouri differ in their approaches.   Age According to Kansas law, the age of majority is 18. Typically, when the child reaches the age of 18, a child support obligation ends, although child support payments will continue through high school graduation if certain basic high school requirements are met. Parents are not required to pay college expenses or child support for adult children in college, although [...]

2022-05-11T15:04:01+00:00May 11th, 2022|Categories: Child Support|
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