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Tag Archives: Eastern District of Missouri
Custody and Relocation
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 … Continue reading
Paying Child Support When You’re Broke
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 … Continue reading
When a Judgment is Not Final
A motion to compel settlement is not a final, appealable, judgment until the underlying action as to all claims and parties has been disposed. A judgment granting a motion to enforce settlement is not ready for appellate review until the … Continue reading
No unemployment when you don’t show up for work
Missouri has stated that an unemployed worker was correctly denied unemployment benefits when the employee willfully violated the employer’s attendance policy. Transportation is usually considered an employee’s responsibility and repeated failure to show up for work may constitute misconduct by … Continue reading
Relocating your child may require a motion
If you have a child and there is joint physical custody with your ex, both parents are considered the custodial parent and the child’s principal residence is with both parents. In order to modify this custody arrangement, you must file … Continue reading
Challenging Capacity to Sue
Whether a plaintiff is entitled to sue as holder of a note (mortgage) is an issue of capacity. A party’s capacity to sue can only be brought up by a motion by a defendant or in the defendant’s answer. If … Continue reading
Undo that Default Judgment
Got a default judgment? Missouri allows you to undo the default judgment and reopen the case for mistake, inadvertence, surprise or excusable neglect. In addition, you must show that you have a meritorious defense and good cause for setting aside … Continue reading
Incorporate Your Business
If you have a business that is not registered or properly incorporated and you sign a contract, you can be held personally liable for that contract. Using a fictitious name will not protect you either. In order to fully protect … Continue reading
Maintain your Maintenance
Missouri allows the award of maintenance to a spouse if the spouse (1)lacks sufficient property to provide for their reasonable needs, and (2) is unable to support themselves through employment. To read about what is considered property for maintenance, review … Continue reading
Get Out of My House
In order to remove someone from a property in an unlawful detainer action, a plaintiff must demonstrate that the property was purchased at a foreclosure sale, the defendant received notice of the foreclosure, and the defendant refused to surrender possession … Continue reading