• FDCPA

    FDCPA

    By , Jul 24 in Law with 0 comments

    Violation of Fair Debt Collection Practices Act (FDCPA):   § 813. Civil liability (a) Except as otherwise provided by this section, any debt collector who fails to comply with any provision of this title with respect to any person is liable to such person in an amount equal to the sum of— (1) any actual more »

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  • Standard of Review for Termination of Parental Rights The termination of parental rights requires a two-step analysis. First, the trial court must find that clear, cogent, and convincing evidence exists of one or more statutory grounds for termination of parental rights under Section 211.447 RSMo. Once the trial court has determined one of the statutory more »

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  • Relocations

    Relocations

    By , Jul 14 in Law with 0 comments

    There is specific language in the Missouri Revised Statutes for Relocations: Section 452.377, RSMo: Relocation of child by parent for more than ninety days, required procedure–violation, effect–notice of relocation of parent, required procedure. 452.377. 1. For purposes of this section and section 452.375, “relocate” or “relocation” means a change in the principal residence of a more »

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  • Uniform Child Custody Jurisdiction Act provides comity among states and determines which state is the most appropriate forum for seeking remedy. Circuit court lacked personal jurisdiction to render appellant liable for child support and marital debts. See: Michael Ketteman vs. Rachel Ketteman Missouri Court of Appeals, Western District –

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  • Marital Property Discussed Record showed that husband acquired real estate, increased retirement account, and opened savings account after marriage, making them marital property. Postnuptial agreement to waive interests in property must be made “freely, fairly, knowingly, understandingly and in good faith with full disclosure[,]” conscionably, and with consideration. In calculating child support, circuit court did more »

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  • In William Allen Young vs. Chasity L. Pitts Circuit court may limit time for presentation of evidence with certain safeguards. Statute closes investigation records to most persons but allows release of redacted version, so circuit erred in denying Mother access. But Mother showed no prejudice in denial of records, because circuit court did not use more »

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  • § 813. Civil liability [15 USC 1692k] (a) Except as otherwise provided by this section, any debt collector who fails to comply with any provision of this title with respect to any person is liable to such person in an amount equal to the sum of — (1) any actual damage sustained by such person more »

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  • FDCPA

    FDCPA

    By , Jul 14 in Law with 0 comments

    Fair Debt Collection Practices Act (FDCPA) Violations: Civil liability [15 USC 1692k] (a) Except as otherwise provided by this section, any debt collector who fails to comply with any provision of this title with respect to any person is liable to such person in an amount equal to the sum of — (1) any actual more »

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  • Annulment

    Annulment

    By , Jul 13 in Law with 0 comments

    Rights Are Different in Annulment Appellant shows no violation of constitutional right of access to courts, and waives cross-examination, unless he shows that only personal appearance is adequate for his case. Statute governing property division in actions of dissolution of marriage or legal separation does not apply in annulment. Circuit court need not make findings more »

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  • Unjust Enrichment

    Unjust Enrichment

    By , Jul 13 in Law with 0 comments

    No Palimony by Unjust Enrichment Plaintiff, decedent’s cohabitant, sued decedent’s estate for unjust enrichment. Circuit court found that plaintiff did not significantly contribute to construction of residence or purchase of rental property. Circuit court also found that plaintiff did not show that she received from decedent, in cash and in kind, less than she contributed. more »

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  • Judgment

    Judgment

    By , Jul 13 in Law with 0 comments

    Judgment Not Conditional Appellant may not seek relief on appeal not sought in circuit court. Judgment setting conditions for unsupervised visitation was not a conditional judgment. Statute requires division of property into marital and non-marital property before making award, which circuit court failed to do, so Court of Appeals remands. KELLY LYNN JOHNSON, Petitioner-Appellant vs. more »

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  • Parent Must Work Two Full-Time Jobs Directions to Form 14 do not require circuit court to base imputation of income on unemployment or underemployment, only that parent is deliberately limiting work to avoid child support. Any appropriate time period may determine probable earnings. Circuit court need not believe parent’s testimony about motivation for reducing work more »

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  • Corporation Did Not Need to Be a Party in Divorce Action Since the trial court did not divide corporate assets between the parties, the corporation did not need to be named a party in the divorce case. Robert R. Wisdom, Appellant vs. Nancy Jo Wisdom, Respondent (Overview Summary) Missouri Court of Appeals Western District – more »

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  • Sub S Corporation

    Sub S Corporation

    By , Jul 13 in Law with 0 comments

    OPINION SUMMARY GAVIN T. MEIER, Appellant, ) No. ED92400 ) vs. ) Appeal from the Circuit Court of ) St. Louis County CHRISTINE D. MEIER, Respondent/Cross- ) Appellant. ) Filed: March 23, 2010 OPINION SUMMARY Gavin Meier (Husband) appeals and Christine Meier (Wife) cross-appeals from the judgment of the Circuit Court of St. Louis County more »

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  • Pre-Nuptial Agreement No Good: Circuit court did not err in decreeing “sole physical custody” because it awarded each parent significant time with child, which makes it “joint physical custody, regardless of how the court characterizes it.” Circuit court did not err in classifying property according to pre-nuptial agreement because its provisions purporting to shift marital more »

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  • In the Missouri Court of Appeals Eastern District DIVISION TWO GREGORY B. HARLOW, No. ED92135 Appellant, Appeal from the Circuit Court of vs.St. Charles County SUSAN K. HARLOW, Honorable Norman C. Steimel, III Respondent. FILED: November 17, 2009 Introduction Gregory Harlow (Father) appeals from the trial court’s judgment dismissing his motion to modify the child more »

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