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Modification of spousal support order requires substantial and continuing change in circumstances

Recent Case:  From the Missouri Court of Appeals, Modification of Spousal Support vs. Property Division

Appellant Husband appeals the trial court’s judgment reducing, but not terminating, his maintenance obligation, retroactive to February 2015, and awarding Wife attorney’s fees.

Missouri statutes allow modification of spousal maintenance when circumstances change, the change is substantial and continuing, and the change makes the award unreasonable.  The trial court properly reduced Appellant’s maintenance obligation based on Respondent’s income and recent eligibility to receive a portion of Appellant’s social security benefits. However, the trial court properly declined to consider Respondent’s eligibility to receive pension benefits awarded in the original dissolution action because those benefits do not constitute a change of circumstances sufficient to support a motion to modify. Furthermore, the trial court did not abuse its discretion when it set the date of retroactive application for the modified maintenance obligation and awarded attorney’s fees to Respondent.

Missouri Court of Appeals, Eastern District - ED103930

Mark A. Wortman

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Kansas City family law attorney Mark A. Wortman handles only divorce and family law matters, and practices only in the State of Missouri. Due to this specialty, Mark has handled thousands of Missouri divorce and family cases and has practiced extensi… Read More