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← 837 SW2D 355 - Sinclair v. Sinclair

Sinclair v. Sinclair’s Empirical Analysis

1992

Citation profile

30
cited by 30 later decisions
2
states following
December 2013
most recently cited

30 state decisions

How this case has been cited

Cited by 30 later decisions — most recently December 2013 · most notably Witt v. Witt (1996), In Re Marriage of Patroske (1994)

30 state decisions

260199220002010decided

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

Relationships

Relies on Murphy v. Carron · Mehra v. Mehra · Mistler v. Mistler · Calia v. Calia · Ibrahim v. Ibrahim

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 30 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

  1. “Form 14 has no provision for the consideration of college expenses. Comment B to Form 14 indicate [sic] that the drafters of the form did not intend for college or other educational expenses to be taken into account on the form itself, although it is clear such expenses may be factored into the award. The court in Mistler v. Mistler, 816 S.W.2d 241, 255 (Mo.App.1991), discussed college expenses by stating: “The presumed child support amount calculated according to Form 14 establishes a starting point from which a trial court may make [adjustments] to accommodate a child’s special needs, such as a college education.” College expenses may be considered by the trial court, and may, in a given case, be a reason for departing from reliance upon the figures determined by Form 14. Upon remand in this case, the trial court may consider the matter of college expenses to the degree that he deems appropriate. If the court, upon remand, deems it appropriate to consider the college expenses, and wishes to factor them in on Form If he may do so provided he first considers the figures derived from Form U in its “pure” form, specifically finds that the amount so calculated would be unjust or inappropriate, and then 1) adopts the result of the modified Form If or 2) adapts other calculations he believes to be most just and appropriate based upon the circumstances of the case.”
    1 later decision quote this exact passage
  2. “When determining the amount of child support to order, a court or administrative agency shall consider all relevant factors, including: (a) the financial resources and needs of the child; (b) the financial resources and needs of the parents; (c) the standard of living the child would have enjoyed had the marriage not been dissolved; (d) the physical and emotional condition of the child; and (e)the educational needs of the child. There is a rebuttable presumption that the amount of child support calculated pursuant to Civil Procedure Form No. 14 is the amount of child support to be awarded in any judicial or administrative proceeding for dissolution of marriage, legal separation, or child support. It is sufficient in a particular case to rebut the presumption that the amount of child support calculated pursuant to Civil Procedure Form No. 14 is correct of the court or administrative agency enters in the case a written finding or a specific finding on the record that the amount so calculated, after consideration of all relevant factors, is unjust or inappropriate.”
    1 later decision quote this exact passage
  3. “The Court finds that pursuant to the Form 14 calculation ... that the Respondent’s child support obligation to the Petitioner for the one child remaining in her primary custody is the sum of $156.00 per month. The Court further finds that the amount so calculated after consideration of all relevant facts including the evidence that Petitioner pays the sum of approximately $500.00 per month for health insurance which covers both minor children, is unjust and inappropriate and that the sum of $350.00 payable by Respondent to Petitioner is a fair and adequate amount of monthly child support based on all relevant circumstances and factors. (emphasis added).”
    1 later decision quote this exact passage

How this case has been treated — in progress

Whether each later court followed, distinguished, criticized, or overruled this decision. The treatment classification (task #35) runs highest-cited cases first and lights up here as it reaches this one.