Davis v. Davis’s Empirical Analysis

Citation profile

9 state decisions

Most-quoted passages

The sentences later courts lift from this opinion, ranked by how many decisions quote each — the parts of the opinion doing the work. These counts are smaller than the citation total above because most of the 10 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “Though child support payments received from a previous spouse are not an express exception in section 452.330, this list is not an exclusive list of exceptions. See Silcox[,] 6 S.W.3d at 903 . Wife’s investing of the child support payments to provide for the children’s education conforms to the purpose of child support. Furthermore, we agree with Elliott that child support payments from a previous spouse are “not an asset of the custodial parent to be considered at any point in the calculation of that parent’s assets in the dissolution of a later marriage.” See [Elliott v. Elliott, 621 S.W.2d 305, 308 (Mo.App. W.D.1981) ].[ 9 ] Therefore, we find the trial court did not err because the child support payments wife received from her previous husband were nonmarital funds.”

   1 later decision quote this exact passage
   e.g. In Re Marriage of Hayes

2. “(1) Property acquired by gift, bequest, devise or descent; (2) Property acquired in exchange for property acquired prior to the marriage or in exchange for property acquired by gift, bequest, devise or descent; (3) Property acquired by a spouse after a decree of legal separation; (4) Property excluded by valid written agreement of the parties; and (5) The increase in the value of property acquired prior to the marriage or pursuant to subdivisions (1) to (4) of this subsection, unless marital assets including labor, have contributed to such increases and then only to the extent of such contributions.”

   1 later decision quote this exact passage
   e.g. Greiner v. Greiner