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Archive for June, 2014

Money and Love, Tip Number 3

June 30th, 2014

shopAccording to women, men are more likely to make frivolous purchases with the household’s income. According to men, women are more likely to make these purchases. There seems to be a trend of each spouse pointing fingers at the other.

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Money and Love, Tip Number 2

June 25th, 2014

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According to men, they are the primary decision makers in regards to money and investments. According to women, both spouses are equal in making decisions about money and investments.

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Money and Love, Tip Number 1

June 23rd, 2014

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70 percent of married couples argue about money, ahead of fights about household chores, sex, snoring, and what’s for dinner. If you are thinking about or facing a divorce, contact our office at 816-524-4949.

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Custody and Relocation

June 19th, 2014

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There is currently no Missouri law that requires a parent with custody of a child to file a motion to relocate with the court. Instead, the parent only needs to file a notice of relocation and that notice can be challenged by the other parent. Once sixty days has passed after the notice has been given, and no challenge has been filed, then the child can be relocated without court intervention. To learn more, check out this case: Missouri Court of Appeals, Eastern District- ED100424

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Sales Tax Can Getcha

June 17th, 2014

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When a company is responsible for collecting sales tax and paying it to Missouri, the corporate officers can also be held responsible. If the officer had direct control, supervision, or responsibility for making the payments, or filed the tax returns, then they can be held liable for the sales tax. For more information, see this case: Bisch v. Director of Revenue, No. 11-1813.

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Paying Child Support When You’re Broke

June 16th, 2014

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A Missouri Court can impute income to a person to determine the appropriate level of child support that needs to be paid, even if that person is unemployed. When deciding the amount of child support to be paid, the court determines whether the child’s needs would be met by the amount not what a person can pay. A court can even go back one year to look at a person’s income to impute what they should pay. To see more, check out this case: Missouri Court of Appeals, Eastern District- ED99057.

There is no Right to Attempt to Have Sex with a Child

June 11th, 2014

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A Missouri court has ruled in December 2013 that a person does not have a First Amendment right to send e-mails for the purpose of attempting to induce a child to engage in sex. This includes sending e-mails to tell a minor to perform certain sexual conduct even when no one else is present. Remember that free speech is not absolute. To read more about this case, see: State of Missouri v. Blankenship.

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Man Gets IRS to Pay Him

June 9th, 2014

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A sixty-one year old taxpayer was involved in IRS audit on July of 2008. While attending the audit, the taxpayer tripped on a fifteen foot telephone cord and badly hurt himself. The injuries resulted in severe pain and the need to use a wheelchair.

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Real Estate Trickery

June 6th, 2014

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When dealing with professionals in real estate, including construction or improvement workers, a person may be able to sue for fraudulent misrepresentation if all of the requirements are met. The basics of fraudulent misrepresentation are that a person makes an unkept promise and that person had no intention of keeping that promise when they made it in the first place. In the case of Shawn Stevens vs. Markirk Construction, Inc., there may have been a fraudulent misrepresentation when a construction company says that land would not flood when they knew there was a possibility that it might.

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Buying on Ebay

June 5th, 2014

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A Missouri court has ruled that buyers need to be careful when making purchases on Ebay. A Missouri resident bought a vehicle from an out of state seller on Ebay. After undergoing several repairs and failing inspections, the Missouri resident sued for the cost of the repairs in Missouri. However, the court stated that because the seller did not advertise in Missouri, have employees in Missouri, or have offices in Missouri, they could not be sued in Missouri.

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