parent claim (Missouri) · Go Syfert
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parent claim in Missouri

12 Missouri opinions name it 2 courts 1913–2021 1 in the last five years

The cases below were cited by Missouri courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.

Followed or applied (16)

CaseFollowedCited
Bell v. Gilliamgreen
moctapp · 1993 · cited in 2 Missouri opinions naming this issue, 2010–2010
2 sentences

2010Bell v. Gilliam, 852 S.W.2d 198, 200 (Mo.App.

2010Bell v. Gilliam, 852 S.W.2d 198, 200 (Mo.App.

22
Dow v. Dowgreen
moctapp · 1987 · cited in 2 Missouri opinions naming this issue, 1989–1989
2 sentences

1989Dow v. Dow, 728 S.W.2d 714, 717 (Mo.App.1987).

1989Dow v. Dow, 728 S.W.2d 714, 717 (Mo.App.1987).

22
In Re Marriage of Dentongreen
moctapp · 2005 · cited in 1 Missouri opinions naming this issue, 2021–2021
1 sentence

2021Of necessity, this function may only be performed if the court by implication is also authorized under the statute to identify as a parent the person against whom the order for support is to be entered and enforced.”); and In re the Marriage of Denton, 169 S.W.3d 604, 611-12 (Mo.App.

11
Nichols v. Teddergreen
miss · 1989 · cited in 1 Missouri opinions naming this issue, 2013–2013
1 sentence

2013Thus, “it seems only reasonable that a trial judge should allocate the dependency exemption to the parent in the highest tax bracket, and then enhance (or reduce) the value of the cash child support payments to offset the value of the exemption.” Nichols v. Tedder, 547 So.2d 766, 777 (Miss.1989); see also Monterey Cnty. v. Cornejo, 53 Cal.3d 1271 , 283 Cal.Rptr. 405 , 812 P.2d 586, 592 (1991) (“the effect of awarding the exemption to the noncustodial parent is to increase the after-tax spendable income of the family as a whole, which may then be channeled into child support or other payments..

11
Lincoln v. Lincolngreen
arizctapp · 1987 · cited in 1 Missouri opinions naming this issue, 2013–2013
2 sentences

2013“The ability of a parent to claim his or her children as an exemption for income tax purposes is a factor in the financial resources of the parent.” Lincoln v. Lincoln, 155 Ariz. 272 , 746 P.2d 13, 17 (App.1987) (quoting Morphew v. Morphew, 419 N.E.2d 770, 776 (Ind.App.1981) (superseded on other grounds)).

2013“The ability of a parent to claim his or her children as an exemption for income tax purposes is a factor in the financial resources of the parent.” Lincoln v. Lincoln, 155 Ariz. 272 , 746 P.2d 13, 17 (App.1987) (quoting Morphew v. Morphew, 419 N.E.2d 770, 776 (Ind.App.1981) (superseded on other grounds)).

11
Monterey County v. Cornejogreen
cal · 1991 · cited in 1 Missouri opinions naming this issue, 2013–2013
2 sentences

2013Thus, “it seems only reasonable that a trial judge should allocate the dependency exemption to the parent in the highest tax bracket, and then enhance (or reduce) the value of the cash child support payments to offset the value of the exemption.” Nichols v. Tedder, 547 So.2d 766, 777 (Miss.1989); see also Monterey Cnty. v. Cornejo, 53 Cal.3d 1271 , 283 Cal.Rptr. 405 , 812 P.2d 586, 592 (1991) (“the effect of awarding the exemption to the noncustodial parent is to increase the after-tax spendable income of the family as a whole, which may then be channeled into child support or other payments..

2013Thus, “it seems only reasonable that a trial judge should allocate the dependency exemption to the parent in the highest tax bracket, and then enhance (or reduce) the value of the cash child support payments to offset the value of the exemption.” Nichols v. Tedder, 547 So.2d 766, 777 (Miss.1989); see also Monterey Cnty. v. Cornejo, 53 Cal.3d 1271 , 283 Cal.Rptr. 405 , 812 P.2d 586, 592 (1991) (“the effect of awarding the exemption to the noncustodial parent is to increase the after-tax spendable income of the family as a whole, which may then be channeled into child support or other payments..

11
Morphew v. Morphewgreen
indctapp · 1981 · cited in 1 Missouri opinions naming this issue, 2013–2013
1 sentence

2013“The ability of a parent to claim his or her children as an exemption for income tax purposes is a factor in the financial resources of the parent.” Lincoln v. Lincoln, 155 Ariz. 272 , 746 P.2d 13, 17 (App.1987) (quoting Morphew v. Morphew, 419 N.E.2d 770, 776 (Ind.App.1981) (superseded on other grounds)).

11
State v. Petersongreen
moctapp · 1975 · cited in 1 Missouri opinions naming this issue, 2004–2004
1 sentence

2004In this state, “It appears that it takes unusual circumstances for a child living with a parent to claim that the parent does not have permission to consent to a search of the child’s sleeping area even if the child is an adult.” State v. Cole, 706 S.W.2d 917, 919 (Mo.App.1986); Johns, 679 S.W.2d at 262 ; State v. Pruitt, 479 S.W.2d 785, 788 (Mo. banc 1972); cf. State v. Peterson, 525 S.W.2d 599, 608 (Mo.App.1975) (evidence showed that the basement bedroom was “exclusively” the son’s area and “no one else had a right to be there”); and State v. Pinegar, 583 S.W.2d 217, 219 (Mo.App.1979) (evide

11
State v. Pruittgreen
mo · 1972 · cited in 1 Missouri opinions naming this issue, 2004–2004
1 sentence

2004In this state, “It appears that it takes unusual circumstances for a child living with a parent to claim that the parent does not have permission to consent to a search of the child’s sleeping area even if the child is an adult.” State v. Cole, 706 S.W.2d 917, 919 (Mo.App.1986); Johns, 679 S.W.2d at 262 ; State v. Pruitt, 479 S.W.2d 785, 788 (Mo. banc 1972); cf. State v. Peterson, 525 S.W.2d 599, 608 (Mo.App.1975) (evidence showed that the basement bedroom was “exclusively” the son’s area and “no one else had a right to be there”); and State v. Pinegar, 583 S.W.2d 217, 219 (Mo.App.1979) (evide

11
State v. Colegreen
moctapp · 1986 · cited in 1 Missouri opinions naming this issue, 2004–2004
1 sentence

2004In this state, “It appears that it takes unusual circumstances for a child living with a parent to claim that the parent does not have permission to consent to a search of the child’s sleeping area even if the child is an adult.” State v. Cole, 706 S.W.2d 917, 919 (Mo.App.1986); Johns, 679 S.W.2d at 262 ; State v. Pruitt, 479 S.W.2d 785, 788 (Mo. banc 1972); cf. State v. Peterson, 525 S.W.2d 599, 608 (Mo.App.1975) (evidence showed that the basement bedroom was “exclusively” the son’s area and “no one else had a right to be there”); and State v. Pinegar, 583 S.W.2d 217, 219 (Mo.App.1979) (evide

11
State v. Pinegargreen
moctapp · 1979 · cited in 1 Missouri opinions naming this issue, 2004–2004
1 sentence

2004In this state, “It appears that it takes unusual circumstances for a child living with a parent to claim that the parent does not have permission to consent to a search of the child’s sleeping area even if the child is an adult.” State v. Cole, 706 S.W.2d 917, 919 (Mo.App.1986); Johns, 679 S.W.2d at 262 ; State v. Pruitt, 479 S.W.2d 785, 788 (Mo. banc 1972); cf. State v. Peterson, 525 S.W.2d 599, 608 (Mo.App.1975) (evidence showed that the basement bedroom was “exclusively” the son’s area and “no one else had a right to be there”); and State v. Pinegar, 583 S.W.2d 217, 219 (Mo.App.1979) (evide

11
Fugate Ex Rel. Stroup v. Fugategreen
mo · 1979 · cited in 1 Missouri opinions naming this issue, 1998–1998
1 sentence

1998See, e.g., Fugate, 582 S.W.2d at 663 (action against non-custodial parent following a divorce); Brennecke, 336 S.W.2d at 68 (action against deceased parent); Wurth v. Wurth, 322 S.W.2d 745 (Mo. banc 1959) (action by emancipated minor).

11
Brennecke Ex Rel. Brennecke v. Kilpatrickgreen
mo · 1960 · cited in 1 Missouri opinions naming this issue, 1998–1998
1 sentence

1998See, e.g., Fugate, 582 S.W.2d at 663 (action against non-custodial parent following a divorce); Brennecke, 336 S.W.2d at 68 (action against deceased parent); Wurth v. Wurth, 322 S.W.2d 745 (Mo. banc 1959) (action by emancipated minor).

11
State v. Holcombgreen
moctapp · 1997 · cited in 1 Missouri opinions naming this issue, 1998–1998
1 sentence

1998See also Connor v. Monkem Co., Inc., 898 S.W.2d 89 (Mo. banc 1995)(an unborn child is a person for whose death a parent may state a claim under the wrongful death statute, section 537.080); State v. Knapp, 843 S.W.2d 345 (Mo. banc 1992)(an unborn child is person for the purposes of the involuntary manslaughter statute, section 565.024); State v. Holcomb, 956 S.W.2d 286, 290 (Mo.App.1997)(an unborn child is a person for the purposes of the first degree murder statute, section 565.020).

11
Connor v. Monkem Co., Inc.green
mo · 1995 · cited in 1 Missouri opinions naming this issue, 1998–1998
1 sentence

1998See also Connor v. Monkem Co., Inc., 898 S.W.2d 89 (Mo. banc 1995)(an unborn child is a person for whose death a parent may state a claim under the wrongful death statute, section 537.080); State v. Knapp, 843 S.W.2d 345 (Mo. banc 1992)(an unborn child is person for the purposes of the involuntary manslaughter statute, section 565.024); State v. Holcomb, 956 S.W.2d 286, 290 (Mo.App.1997)(an unborn child is a person for the purposes of the first degree murder statute, section 565.020).

11
State v. Davisgreen
moctapp · 1980 · cited in 1 Missouri opinions naming this issue, 1982–1982
1 sentence

1982State v. Davis, 598 S.W.2d 189, 191 [1-4] (Mo.App.1980).

11

Distinguished, questioned or overruled (0)

CaseNegativeCited
No negative-treatment citations attached to this issue in Missouri. Read the followed side critically anyway.

Also cited on this issue (8)

CaseCitedYears
State v. Johns green
mo · 1984
1 sentence

2004In this state, “It appears that it takes unusual circumstances for a child living with a parent to claim that the parent does not have permission to consent to a search of the child’s sleeping area even if the child is an adult.” State v. Cole, 706 S.W.2d 917, 919 (Mo.App.1986); Johns, 679 S.W.2d at 262 ; State v. Pruitt, 479 S.W.2d 785, 788 (Mo. banc 1972); cf. State v. Peterson, 525 S.W.2d 599, 608 (Mo.App.1975) (evidence showed that the basement bedroom was “exclusively” the son’s area and “no one else had a right to be there”); and State v. Pinegar, 583 S.W.2d 217, 219 (Mo.App.1979) (evide

12004–2004
State v. Knapp green
mo · 1992
1 sentence

1998See also Connor v. Monkem Co., Inc., 898 S.W.2d 89 (Mo. banc 1995)(an unborn child is a person for whose death a parent may state a claim under the wrongful death statute, section 537.080); State v. Knapp, 843 S.W.2d 345 (Mo. banc 1992)(an unborn child is person for the purposes of the involuntary manslaughter statute, section 565.024); State v. Holcomb, 956 S.W.2d 286, 290 (Mo.App.1997)(an unborn child is a person for the purposes of the first degree murder statute, section 565.020).

11998–1998
Wurth Ex Rel. Gershenson v. Wurth green
mo · 1959
1 sentence

1998See, e.g., Fugate, 582 S.W.2d at 663 (action against non-custodial parent following a divorce); Brennecke, 336 S.W.2d at 68 (action against deceased parent); Wurth v. Wurth, 322 S.W.2d 745 (Mo. banc 1959) (action by emancipated minor).

11998–1998
Kipper v. Vokolek green
moctapp · 1977
1 sentence

1984Rather, she relies upon Kipper v. Vokolek, 546 S.W.2d 521 (Mo.App. 1977), and In re A___ N___, 500 S.W.2d 284 (Mo.App.1973).

11984–1984
In re A_ N_ ex rel. D_ J. J_. green
moctapp · 1973
1 sentence

1984Rather, she relies upon Kipper v. Vokolek, 546 S.W.2d 521 (Mo.App. 1977), and In re A___ N___, 500 S.W.2d 284 (Mo.App.1973).

11984–1984
Prince v. Massachusetts green
scotus · 1944
2 sentences

1982In either event, the intervention of the state for the protection of the child in default of the duty of the natural parent [Prince v. Massachusetts, 321 U.S. 158, 166 , 64 S.Ct. 438, 442 , 88 L.Ed. 645 (1944) ] — and not as the sovereign executor of the criminal law against the parent for violation of compulsory school attendance § 167.061 [State v. Pilkinton, 310 S.W.2d 304 (Mo.App.1958) ].

1982In either event, the intervention of the state for the protection of the child in default of the duty of the natural parent [Prince v. Massachusetts, 321 U.S. 158, 166 , 64 S.Ct. 438, 442 , 88 L.Ed. 645 (1944) ] — and not as the sovereign executor of the criminal law against the parent for violation of compulsory school attendance § 167.061 [State v. Pilkinton, 310 S.W.2d 304 (Mo.App.1958) ].

11982–1982
State v. Pilkinton green
moctapp · 1958
1 sentence

1982In either event, the intervention of the state for the protection of the child in default of the duty of the natural parent [Prince v. Massachusetts, 321 U.S. 158, 166 , 64 S.Ct. 438, 442 , 88 L.Ed. 645 (1944) ] — and not as the sovereign executor of the criminal law against the parent for violation of compulsory school attendance § 167.061 [State v. Pilkinton, 310 S.W.2d 304 (Mo.App.1958) ].

11982–1982
Oliver v. Oliver green
mass · 1890
1 sentence

1913In the case of Oliver v. Oliver, 151 Mass. 349 , the decree gave the custody of the child to the mother who thereafter refused to let the father see or visit it.

11913–1913

Statutes the citing opinions construe

MO § Mo. Rev. Stat. § 452.340 (5)

Counted by distinct opinions that both name this issue and are annotated to the section; sections every opinion cites regardless of issue are not filtered here, so read the counts against the total above.

Where else courts name it

CA 84 (1915–2026) IA 67 (1955–2026) NY 53 (1899–2025) TX 31 (1903–2025) PA 24 (1943–2024) CO 22 (1990–2025) OH 12 (2007–2026) MO 12 (1913–2021) IL 11 (1909–2023) MN 11 (1985–2024) MI 11 (1981–2026) GA 9 (1941–2026) OR 9 (1987–2024) NM 8 (2007–2020) FL 8 (1981–2012) RI 8 (1983–2023) IN 8 (1978–2025) WY 7 (1883–2023) TN 7 (2008–2021) NE 7 (1976–2022) AL 5 (2008–2026) MD 5 (1971–2010) AZ 5 (1983–2024) NJ 4 (1976–2024) AK 4 (2007–2021) DC 4 (1997–2021) AR 4 (1970–2017) NC 4 (1988–2021) ME 4 (1986–2020) KY 4 (2009–2023) MA 4 (2003–2025) UT 3 (2017–2023) ID 3 (2020–2020) WI 3 (1985–2023) CT 3 (1988–2001) NV 2 (1993–2013) HI 2 (2007–2008) SC 2 (1993–2012) WV 2 (1917–2013) MT 2 (1927–2020) KS 2 (1992–1992) DE 2 (1960–2026) ND 2 (2005–2005) VA 2 (2022–2022)

Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.

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