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Topeka, KS Family Law Blog

What is the best interests of the child standard?

70589582_S.jpgDivorcing parents may have heard of the best interests of the child standard and may wonder what it is and how it is used to determine child custody. The best interests of the child is a standard the family law court uses to determine child custody and visitation and help parents work out their child custody concerns.

What is in the best interests of the child should always remain in focus when child custody determinations are being made. Whether the family law court is making a child custody decision or the divorcing couple is reaching a child custody arrangement together, the guiding consideration should always be what is in the best interests of the child which will be used to help determine physical and legal custody, as well as visitation and any modifications down the road.

How spousal support is determined during divorce

57098523_S.jpgSpousal support is an important part of many divorces, making it valuable for divorcing couples in Saint Louis County to understand how spousal support is determined so they can know what to expect from the process. The family law court has significant discretion when awarding spousal support so it is beneficial to be aware of how a request for spousal support will be evaluated.

A request for spousal support may be made in instances, for example, when one spouse has remained at home to care for the family and has not been a part of the workforce. Spousal support, sometimes referred to as spousal maintenance, may be awarded by the family law court for different periods of time. Either spouse can request spousal maintenance and the spouse from whom spousal support is sought may oppose the request.

How child support is calculated in Missouri

22875714_S (2).jpgChild support are court-ordered payments one parent is required to pay to the child's other parent, who the parent is no longer in a relationship with, for the financial support of their children. Child support can also be one of the primary concerns facing divorcing and unmarried parents that the family law court can help them resolve.

Child support is determined in Missouri according to a formula that can be complex at times. There is a child support schedule that is used, however, each child support situation is different and the court will take certain factors into account. The minimum amount of child support that will be set is $50. For every additional $50 in combined adjusted gross income of the parents, the child support payment increases.

What legal resources are available if a parent abducts a child?

45840507_S.jpgChild custody can be an understandably emotional concern for most parents in Missouri. This can be even more true if a parent has abducted a child amid a child custody dispute. When a parent has had their child abducted, it is important for them to have their questions answered. It is also important for parents in such situations to know what legal resources may be available to them.

When a child has been abducted by another parent, the criminal justice can help with the return of the child, and the family law system can help modify the current child custody arrangement to prevent future repeat abduction incidents. Both state and federal laws and authorities are involved in a situation of parental abduction of a child. In addition, the Hague Convention may be involved if the child has been abducted across international borders.

Family law child support and child custody enforcement resources

48126904_S.jpgEnforcement of child support and child custody orders is an important topic that is worth understanding. This blog recently discussed the importance of child support modification options, but is also important for parents in Saint Louis County to understand their child support and child custody enforcement options, and what resources are available to them.

The family law system provides a variety of important resources to help parents establish child support and child custody, to modify child support and child custody when needed and to enforce a child support order or child custody arrangement when the need arises. The potential consequences for failure to pay child support as ordered by the court are significant, so parents with a child support order should know what these consequences are.

How to obtain a child support modification

64575664_S.jpgIt is not uncommon for circumstances to change following a divorce, which is why it is important for divorced couples in Clayton to understand the process of obtaining a post-divorce modification. Post-divorce modifications may be available for child support, child custody and other post-divorce concerns. As this blog recently discussed how child support is determined, it is also helpful to know how a child support modification or other post-divorce modification may be granted.

In general, a modification may be granted based on a significant change in circumstances. In circumstances of a child support modification, a significant change in circumstances of either the child or the parent may warrant a modification. The family law court, when evaluating a modification request, may consider the loss of a job, a change in household income, a change in marital status, a serious injury or a change in the child's circumstances a change in circumstances warranting a child support modification.

How do courts decide issues of spousal support?

47797765_S.jpgAlimony, or spousal support, is intended to ensure that both spouses can transition into a positive financial situation following the divorce. Missouri courts don't order spousal support in every divorce, but it can be an important part of many divorces in the property division process.

Spousal support is intended to provide a more fair settlement by helping a non-wage earning or lower-wage earning spouse be financially stable following a divorce. For example, in many marriages, one spouse gives up a career to care for children while the other pursues a high-paying career. When they divorce, the high-earning spouse can continue making a good living, but the other is at a financial disadvantage. Spousal support can help the stay-at-home spouse to cope with the loss of marital income.

Property division basics in Kansas

54179191_S.jpgProperty division is an important part of any divorce and can also be a challenging part of a divorce. It is important for divorcing Kansas couples to understand property division basics for when they divorce.

Kansas follows equitable property division rules during divorce. This means that the family law court in Kansas will seek to divide property between the divorcing spouses as fairly as possible. While this provides flexibility, it can also result in uncertainty if the divorcing couple does not know what to expect. Understanding property division in Kansas can help divorcing couples be better prepared so that they can reach a property division settlement agreement they can both live with.

What is an uncontested divorce?

51994439_S.jpgBecause of how significant divorce is in the lives of Missouri divorcing spouses, it is important for them to be familiar with the different divorce options available to them. An uncontested divorce can save the divorcing couples time, money and acrimony and can be an option to consider in certain circumstances.

An uncontested divorce can be a divorce option to consider when the divorcing spouse do not have any remaining disagreements between them concerning divorce-related issues and have agreed to those issues between themselves. Divorce-related issues concerning child custody, child support, spousal support and property division all must be resolved for an uncontested divorce.

Navigating a high asset divorce with family law help

44205447_S.jpgHigh asset divorces can include a number of challenges that are in additional to the usual challenges associated with divorce. The family law process is designed to help divorcing couples resolve their divorce-related concerns as smoothly as possible and help them resolve the challenges associated with their unique divorce situation.

When property is divided during a divorce in Missouri, Kansas and Illinois, the goal is to reach an equitable division of property. In circumstances of a high asset divorce there can be many complexities that come up that need to be worked out. In high asset divorce situations, property division, in addition to the more common or everyday items, can include the division of real estate, business interests, professional practices, investment accounts and deferred income and pensions.

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Stange Law Firm, PC
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Topeka, Kansas 66612

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Other Office Locations

  • Saint Louis County: 120 S. Central Ave., Suite 450, Clayton, MO 63105: Clayton Office
  • West County: 16024 Manchester Rd., Suite 103, Ellisville, MO 63011: Ellisville Office
  • Jackson County: 256 NE Tudor Rd., Lee's Summit, Missouri 64086: Lee's Summit Office
  • Jefferson County: 16 Municipal Drive, Suite C, Arnold, MO 63010: Arnold Office
  • St. Charles County: 2268 Bluestone Drive, St. Charles, MO 63303: St. Charles Office
  • Franklin County: 5 S. Oak St. Union, MO 63084: Union Office
  • Lincoln County: 20 Centerline Drive, Troy, Missouri 63379: Troy Office
  • Boone County: 1506 Chapel Hill Rd., Suite H, Columbia, MO 65203: Columbia Office
  • Greene County: 901 E. St. Louis, Suite 404, Springfield, Missouri 65806: Springfield, MO Office
  • St. Clair County: 115 Lincoln Place Ct., Ste. 101, Belleville, IL 62221: Belleville Office
  • Madison County: 25 Professional Park, Suite B, Maryville, Illinois 62062: Maryville Office
  • Sangamon County: 400 S. 9th St., Suite 100, Springfield, IL 62701: Springfield Office
  • McLean County: 1012 Ekstam Drive, Suite 4, Bloomington, IL 61704: Bloomington Office
  • Johnson County: 7300 West 110th Street, Suite 560, Overland Park, KS 62210: Overland Park Office
  • Sedgwick County: 2024 N. Woodlawn Street, Suite 407, Wichita, Kansas 67208: Wichita Office
  • Shawnee County: 800 SW Jackson Street, Suite 812, Topeka, Kansas 66612: Topeka Office
  • Tulsa County: 6660 S. Sheridan Road, Suite 240, Tulsa, Oklahoma 74133 Tulsa Office
  • Monroe County: 116 W. Mill St., Waterloo, IL 62298 (by appt. only): Waterloo Office
  • St. Louis City: 100 S. 4th St., #549, St. Louis, MO 63102 (by appt. only): St. Louis Office
  • Jackson County: 2300 Main St., #948, Kansas City, MO 64108 (by appt. only): Kansas City Office

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