My child wants to live with me. Will the judge listen my child’s opinion?

While most children would likely prefer to stay out of any conflict regarding child custody and parenting time, there are certainly times where a child expresses a strong desire regarding the parenting time arrangement. In Missouri, the court is required to consider as a factor in determining child custody the “unobstructed input of a child, free of coercion and manipulation, as to the child's custodial arrangement.” This may be done through appointment of a Guardian ad Litem for the child, or in some cases, the Judge may interview the child in chambers without the parents present. In Kansas, the [...]

2024-07-11T14:51:01+00:00July 11th, 2024|Categories: Child Custody, Uncategorized|

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|

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|

Calculating Child Support in Missouri

Child support is a significant issue in most divorces where children are involved, as well as in parentage actions where the parents have never been married. The general rule is that the parent who has the minor children the majority of the time is entitled to receive child support from the other parent. When the parents share custody equally, generally the party who makes more money owes child support to the other parent in order to ensure a more consistent standard of living for the minor children in each parent’s household. In Missouri, the Supreme Court has adopted a [...]

2019-10-10T16:27:35+00:00September 9th, 2019|Categories: Uncategorized|
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