Turken & Porzenski, L.L.C.St. Charles Family Lawyer | St. Peters Divorce Attorney | O'Fallon Child Support, Paternity2026-08-10T11:43:35Zhttps://www.stcharleslaw.com/feed/atom/WordPress/wp-content/uploads/sites/1400651/2019/10/cropped-favicon-32x32.pngOn Behalf of Turken & Porzenski, L.L.C.<![CDATA[Is fighting for custody in court worth the cost?]]>https://www.stcharleslaw.com/?p=478112026-08-10T11:43:35Z2026-08-10T11:43:35ZThe financial reality of custody litigation
You must first consider the high price of going to court. Court battles often drain bank accounts much faster than people expect. In Missouri, parents in contested custody cases typically spend between $15,000 and $30,000 each. These expenses include legal fees, court filing costs and fees for a "guardian ad litem" (a person the court appoints to represent the child's best interests). Hiring experts like psychologists to evaluate the family can add another $3,000 to over $10,000 to your total bill. If the case lasts through multiple hearings and trial days, these numbers will climb even higher.
The hidden professional costs you cannot ignore
In addition to the money you spend, custody litigation demands a significant amount of your time. This time away from work can create several professional problems. For example, you may face:
Multiple court dates that require you to take full days off work
Frequent meetings with your legal team during regular business hours
Hours of preparation for testimony and legal statements
Mental exhaustion that makes it difficult to focus on your students or patients
For professionals who rely on a steady schedule these absences create serious complications. This stress can hurt your job performance at the exact moment you need stability. Your employer will likely notice your distraction and your colleagues must often take on extra work to cover for you.
How your children pay the emotional price
Financial and professional costs are not the only things to consider. While you focus on winning the case, your children often experience the fallout. Long court battles expose children to the ongoing conflict between their parents. Sometimes, they must undergo interviews with strangers or even testify about which parent they prefer to live with. Consequently, this process creates anxiety, guilt and confusion that can hurt their grades and their emotional health.
The alternative path that protects what matters
Fortunately, you do not always have to go to trial. Options like mediation and collaborative law offer different results. These approaches typically resolve disputes in weeks or months rather than years. Because you control the schedule, you can attend sessions outside of work hours. This allows you to create creative parenting solutions that a judge might never think of. A skilled legal team can guide you through these negotiations while still protecting your rights as a parent.
Moving forward with confidence
Ultimately, is a court battle worth it? While litigation is sometimes necessary, many professionals find better results through negotiation. For instance, a teacher recently used mediation to settle her custody case, which allowed her to keep her classroom schedule and her strong relationship with her daughter. Similarly, a nurse avoided a trial that would have interfered with his hospital shifts and professional license. By choosing a path like mediation, you can minimize financial strain while prioritizing your children’s needs and your professional future.]]>On Behalf of Turken & Porzenski, L.L.C.<![CDATA[Why professionals should address paternity]]>https://www.stcharleslaw.com/?p=478062026-07-01T15:43:21Z2026-07-07T15:41:00ZWhat a paternity judgment does
Many people think paternity only affects child support. In fact, it can provide legal security in several ways. A paternity judgment can help you:
Become your child's legal parent under Missouri law
Create clear expectations for parenting and major decisions
Strengthen your child's legal connection to your financial support
Make important family agreements enforceable
Together, these protections reduce uncertainty and give families a stronger legal foundation for the future.
How your career fits into the picture
Professionals and business owners often have more than a paycheck to protect. They may own businesses, investment accounts, real estate or other valuable assets. When more assets are involved, having a clear legal relationship with your child becomes even more important.
A paternity judgment provides that certainty. It reduces the need to rely on informal agreements and gives families a stronger legal foundation if questions arise later.
Thinking beyond today
If you are raising a child outside of marriage, today's arrangements may already work well. A paternity judgment can provide legal security that informal agreements cannot. Knowing what it provides under Missouri law gives unmarried parents a clearer picture of the protections a court order can offer.]]>On Behalf of Turken & Porzenski, L.L.C.<![CDATA[Financial records business owners should preserve before divorce]]>https://www.stcharleslaw.com/?p=478082026-07-01T16:07:04Z2026-07-01T16:07:04ZBusiness financial statements
Start by gathering records that show how your company has performed over time. These documents will help explain changes in revenue or expenses:
Profit and loss statements
Balance sheets
Cash flow statements
If questions arise about your company's value or income during the divorce, organized statements make it easier to show how the business has operated instead of trying to recreate that information months later.
Tax and income records
You should also keep anything that reflects how your business earns and reports money. Depending on your company structure, gather:
Business tax returns
Personal tax returns that report business income
Payroll records
Owner distributions or draws
Together, they provide a more complete picture of your earnings, which can become important if income or business interests affect property division.
Ownership and valuation documents
Records showing who owns the business and how it has been valued can answer important questions early in your case. Some documents you need are:
Partnership agreements
Operating agreements
Shareholder agreements
Buy-sell agreements
Prior business valuations
These can clarify when ownership interests changed and whether those changes affect the marital estate. They also show the state of your business before those issues becaome disputed.
Next steps
Getting your records in order before filing can make company-related property issues easier to address as your case moves forward. Seeking legal guidance early can also help you explore more options on how to protect your business throughout the divorce proceedings.]]>On Behalf of Turken & Porzenski, L.L.C.<![CDATA[How complex assets are divided in Missouri divorce]]>https://www.stcharleslaw.com/?p=478042026-06-30T02:16:13Z2026-06-30T02:16:13ZMissouri follows equitable distribution rules
Missouri uses an equitable distribution system to divide marital property. This does not always mean a 50-50 split. Instead, courts divide assets in a way they consider fair based on the circumstances of the marriage.
Before dividing property, the court first decides whether each asset qualifies as marital or separate. Generally, Missouri law treats assets you or your spouse acquire during the marriage as marital property, while it classifies assets owned before marriage or received as gifts or inheritances as separate property.
How courts handle investments and retirement accounts
Investment accounts often require careful valuation, especially when they include stocks, mutual funds, or stock options. Courts typically evaluate:
When the investments were acquired
Whether contributions were made during the marriage
The current market value of the assets
Tax consequences associated with liquidation or transfer
Retirement accounts are often divided using court-approved orders that allow the transfer of funds without triggering penalties or unnecessary taxes.
Division of real estate assets
Real estate can include the marital home, vacation properties, or investment properties. Courts may:
Award the property to one spouse and offset value with other assets
Order the property sold and divide the proceeds
Consider mortgage obligations and equity when determining value
Accurate appraisals and financial records often play a key role in these decisions.
How trusts are treated in divorce
Trusts can add another layer of complexity. In some cases, trust assets may be considered separate property, especially if they were created before the marriage or structured to benefit only one spouse.
However, courts may still examine:
Whether marital funds were contributed to the trust
Whether a spouse has control or access to trust assets
The timing and purpose of the trust’s creation
Whether distributions were used for marital expenses
Because trust structures vary widely, courts often require detailed legal and financial analysis to determine how they should be treated.
Why legal guidance matters
Complex asset division often involves financial experts, tax considerations, and detailed documentation. An experienced Missouri family law attorney can help identify marital property, evaluate asset values, and advocate for a fair distribution.
If you are facing divorce in Missouri and your case involves investments, real estate, or trusts, consulting an attorney can help you protect your financial interests and navigate the process with greater clarity.
]]>On Behalf of Turken & Porzenski, L.L.C.<![CDATA[8 ways your spouse can hide assets during your Missouri divorce]]>https://www.stcharleslaw.com/?p=478022026-06-11T08:27:18Z2026-06-11T08:27:18ZMissouri is an equitable distribution state. That means the court divides your marital property in a way that is fair to both spouses. However, fair division only works when both parties are completely honest about what they own. If your spouse hides assets during your divorce, you could walk away with far less than you deserve.
Why some spouses resort to hiding assets
Not every spouse plays by the rules. Hiding assets during a divorce is illegal and courts consider it a form of fraud. Some spouses do this to gain an unfair financial advantage, minimize support payments or hold onto more of the marital estate than their fair share. Regardless of the reason, these actions can directly affect your property division, child support and spousal support outcomes. Thus, knowing what to look for is the first step toward protecting yourself.
Eight common ways spouses try to conceal wealth
Once you understand the motivation behind hiding assets, it helps to know exactly what these tactics look like in practice. Here are eight common ways a spouse may try to conceal wealth during a Missouri divorce:
Secret accounts and cash hoards: A spouse gradually funnels small amounts of cash into hidden accounts and keeps them off the record.
Overpaying taxes: A spouse intentionally overpays the IRS to collect a large refund once the court finalizes the divorce.
Undervaluation: A spouse arranges lowball appraisals on real estate, art or private businesses to make shared assets appear less valuable.
Asset transfers and gifting: A spouse transfers money or property to relatives or friends, with a private agreement to reclaim it after the divorce.
Deferred compensation: A spouse asks their employer to delay bonuses, raises or stock options until after divorce proceedings end.
Fake debts and loans: A spouse creates fake loans to family or friends and ‘repays’ them during the divorce to artificially reduce the marital net worth.
Cryptocurrency and digital assets: A spouse moves marital funds into digital wallets that are harder to track than traditional bank accounts.
Business manipulation: A business-owning spouse hides income by paying fake employees, fabricating expenses or underreporting cash earnings.
These tactics may seem difficult to uncover on your own, but they often leave a financial trail. With the right legal support, you can expose many of these schemes.
Don’t let hidden assets define your fresh start
Your divorce settlement should reflect the true picture of your shared finances, not a distorted version that favors your spouse. Hidden assets can affect everything from property division to child support and spousal support. You have the right to an accurate and fair outcome. If something about your spouse's finances does not add up, exploring your options can make all the difference in securing the financial future you deserve.]]>On Behalf of Turken & Porzenski, L.L.C.<![CDATA[When can child support be modified under Missouri’s 20% rule?]]>https://www.stcharleslaw.com/?p=478002026-05-19T11:09:39Z2026-05-19T11:09:39ZThe foundation of Missouri's law
A party can seek modification of a child support order by showing a change in circumstances that is both substantial and continuing. If a recalculated support amount under the state's guidelines differs from the existing order by 20% or more, that gap creates a prima facie case that the current terms are no longer reasonable.
This presumption applies only when the original order followed Missouri's child support guidelines. If the prior order involved a deviation, whether agreed to by the parties or set by the court, the 20% threshold may not apply the same way. In that case, the requesting party may need to meet the broader substantial and continuing change standard instead.
Examples of what triggers modification
The following changes can cause the 20% threshold to activate:
A sustained increase or decrease in business revenue
Changes in executive compensation structure
New or increased child-related expenses
Because judges carefully distinguish between temporary market dips and permanent structural shifts in your compensation, establishing a new baseline takes time.
Form 14's role in calculating the presumed amount
Missouri requires completion of a Form 14 Child Support Amount Calculation Worksheet in every child support case, including modifications. The worksheet follows the state's income shares system, which estimates what parents would have collectively spent on a child in an intact household and divides that responsibility based on each parent's proportionate share of combined income.
It also accounts for adjustments such as health insurance premiums, work-related childcare costs and credits for overnight parenting time. Each of these inputs affects the final presumed support amount, and even small reporting errors can shift the outcome.
A practical path toward resolution
If your income has changed, you will need to have a new Form 14 prepared using your current financial information. Comparing that figure to your existing order gives you a concrete sense of whether you meet the 20% threshold.
Reaching out to attorneys while pursuing modification can help, especially with the more complex parts of this case. They can review your documents to ensure everything meets court requirements.]]>On Behalf of Turken & Porzenski, L.L.C.<![CDATA[How do Missouri courts divide out-of-state property in a divorce?]]>https://www.stcharleslaw.com/?p=477972026-05-15T14:03:04Z2026-05-15T14:03:04ZDoes Missouri have jurisdiction over property in other states?
Missouri courts generally have the authority to divide all marital property in a divorce, though they do not have direct control over out-of-state assets. However, courts do have personal jurisdiction over you and your spouse. This means the court can order you to take action to ensure a fair split of property during the divorce.
The court applies Missouri law when dividing your assets, following the state's equitable distribution approach. This means the court aims to divide marital property fairly, though not necessarily equally.
For out-of-state real estate, the court typically awards the property to one spouse with offsetting assets to the other. It may also order you and your spouse to sell the property and divide the proceeds equitably. Similarly, the court could order one spouse to execute deeds and transfer documents. If you refuse to comply, the court could hold you in contempt.
What challenges might you face with out-of-state property?
While Missouri courts can order the division of out-of-state real estate, enforcing these orders can present unique challenges. You might need to take additional steps in the state where the property is located to transfer titles or record the division officially. The other state's property laws and recording requirements will apply to the actual transfer process.
You may want to consider working with attorneys who understand both Missouri divorce law and the property laws in the state where your real estate is located. This dual knowledge can help ensure smooth transfers and proper documentation.
What factors do courts consider?
Missouri courts consider various factors when dividing all marital property, including out-of-state assets. These factors may include the economic circumstances of each spouse, the conduct of the parties during the marriage, the value of separate property and each spouse's contribution to acquiring marital property.
The court may also look at custodial arrangements if you have children and each spouse's earning capacity. These considerations apply whether your assets are in Missouri or elsewhere.
Your knowledge can help you secure a fair asset division
Understanding how courts approach out-of-state assets can help you make more informed decisions throughout your divorce. By preparing thoroughly and recognizing potential challenges early, you may protect your interests. This can help you move forward with a fair division of assets after separation.]]>On Behalf of Turken & Porzenski, L.L.C.<![CDATA[What happens if a parent refuses a court-ordered paternity test?]]>https://www.stcharleslaw.com/?p=477952026-04-20T12:43:55Z2026-04-20T12:43:55ZIf you are thinking about refusing a court-ordered paternity test, doubt may be behind that decision. In Missouri, a court order is a legal directive, not a suggestion. Missouri courts operate under the Uniform Parentage Act, which gives judges broad authority when a parent refuses. Refusal does not pause your case, but it changes the direction of it.
What the court can do when you do not comply
Missouri courts can hold you in contempt for refusing a court-ordered test. Contempt can mean fines, and in some cases it can mean jail time. Under state law, if you refuse the test, the judge can legally presume you are the father and enter a default judgment of paternity against you.In practical terms, the court may presume you are the father and proceed on that basis. Your case does not stop because you refuse; it continues without your cooperation. However, your refusal becomes part of your court record.
The financial exposure you may not be calculating
Refusing a paternity test rarely helps your financial position. The costs grow the longer the case stays unresolved. Under state law, a judge can order you to pay support retroactive to the child's birth, typically only back to when the petitioner filed the paternity action or when you received notice of the child's existence.These are some of the financial consequences you may be facing:
Retroactive child support going back to the child's birth
Contempt-related fines and court costs
Escalating attorney fees
A potential obligation to cover the other party's legal fees
Every month without resolution adds to your total exposure.
How this follows you into custody and visitation
Missouri judges evaluate parental behavior through the child's best interest standard. Refusing a court order signals an unwillingness to cooperate, and that signal stays in your record.If custody or visitation rights matter to you, refusal works against those goals. You cannot pursue parental rights in Missouri without first establishing paternity. The test is not your obstacle, but your legal starting point. Judges see these situations regularly,and a documented refusal carries weight.
Your doubts deserve a better answer than refusal
Legitimate doubts about paternity are real,andthey deserve a real answer. A paternity test gives you certainty, and that certainty is the foundation for every decision that follows.You also have the right to request that the court use an accredited laboratory and to challenge the testing process if you have legitimate concerns about accuracy or chain of custody. Knowing where you stand is always a stronger position than leaving the question open.]]>On Behalf of Turken & Porzenski, L.L.C.<![CDATA[How are private club memberships divided in Missouri divorces?]]>https://www.stcharleslaw.com/?p=477932026-04-08T15:44:05Z2026-04-08T15:44:05ZYour private club membership is more than just a social perk. It is a valuable marital asset that courts consider during a Missouri divorce. However, deciding who keeps it or what happens to it can be far more nuanced than many couples anticipate. Thus, understanding why these memberships hold such value is a prudent first step.
What makes a club membership valuable?
Private club memberships usually give you access to exclusive golf courses, country clubs, business networks and social events. Additionally, they often cost thousands of dollars to join and maintain. That is why in a Missouri divorce, courts often treat these memberships as marital property and distribute them equitably just like your home or retirement accounts. Because the value can be substantial, how you divide the membership depends not just on its worth, but also on the contractual obligations your club has in place.
How your club’s bylaws can limit your options
Before exploring your options asset division, you need to review your club's bylaws first. This is because some clubs do not allow transfers. Meanwhile, others usually restrict membership to the primary person listed on your family’s account. Therefore, these provisions can substantially influence the outcome of your divorce settlement. But once you know what the club allows, you can evaluate the choices available to you.
Three ways you can split your club membership
While your club's bylaws set the boundaries, you and your spouse still have choices. Here are three common ways to divide a private club membership during your divorce:
Offset with other assets: One spouse retains the membership as the other walks away with comparable assets, including cash, home equity or retirement funds.
Sale or transfer: If the club permits it, you can surrender the membership for a refund or transfer it and split the proceeds.
Termination: If neither spouse wants the membership or finds the maintaining costs too high, both parties can agree to cancel it.
Each option carries distinct financial and legal ramifications. Choosing the right one depends on your specific circumstances and that decision can have an enduring impact on your life after divorce.
Protect your network and your fair share
Your club membership represents more than monetary value. It connects you to your professional circle, your social life and your daily routine. As you go through your divorce, understanding how courts value and divide these memberships positions you to make well-informed decisions. Hence, having the right support at the right time can mean the difference between relinquishing a valuable asset and securing what you rightfully deserve.]]>On Behalf of Turken & Porzenski, L.L.C.<![CDATA[Pensions, QDROs and what divorce can mean for your retirement]]>https://www.stcharleslaw.com/?p=477882026-03-12T15:13:39Z2026-03-12T15:13:39ZDividing retirement benefits in a divorce is not just about splitting what is in the bank. Pensions are future income that could take decades to pay out. Savings, investments and home equity, on the other hand, are cash you can use right away.
These differences create challenges. Pensions often have rules, tax consequences and benefits like survivor protections or cost-of-living increases. Looking at these “future dollars” compared with cash on hand can show the trade-offs couples face.Grasping these differences helps set up the next steps: deciding how to divide retirement assets, understanding the factors that affect that division and planning to keep long-term income on track.
Future money or cash?
Understanding how pensions differ from liquid assets can clarify why dividing them requires extra care. A qualified domestic relation order (QDRO) allows a portion of a pension or 401(k) to go to your former spouse without triggering early withdrawal penalties or immediate taxes. Pensions often include additional layers, like survivor benefits or cost-of-living adjustments, that need precise wording in the order. Comparing future retirement benefits with assets like cash or home equity can reveal why some people offset pensions rather than dividing them directly. This balances immediate needs with long-term security.
What really matters
Once you see the difference between future and liquid assets, several details may influence how the division plays out. Reviewing them carefully can help ensure a fair and practical outcome:
Knowing your plan type and whether it follows federal Employee Retirement Income Security Act (ERISA) rules
Considering retirement timing, including your age and when you plan to retire
Protecting survivor benefits so future income for your spouse is secured in the QDRO
Looking at tax consequences when money is withdrawn or moved to another account
Calculating present value to see what future payments are worth in today’s dollars
Reviewing these factors closely can make your options easier to understand. Having someone familiar with retirement plans go over the details can help catch issues before they become costly problems.
Keeping your retirement on track
After weighing these details, the next step is making sure your retirement stays secure. A well-written QDRO can preserve income, reduce taxes and maintain access to plan-specific benefits. Thinking carefully about how retirement assets are split in family law proceedings can help keep your financial future more predictable and secure.]]>