Spousal Maintenance (f/k/a alimony) reduced based on medical disability

Recent Missouri case: On a motion to modify (reduce) maintenance, evidence of a substantial and continuing change included “detailed evidence” of Movant Husband’s stroke-induced disability and reduced income, and no evidence of an increase in Wife’s income was necessary.

The trial court: (1) did not abuse its discretion in dismissing ex-wife’s motion to dismiss under Missouri Rule of Civil Procedure 67.03 because the facts showed that ex-Husband was unable to comply with the existing maintenance order following his stroke; (2) did not err in granting ex-husband’s motion to modify maintenance, because he met his burden to show a change in circumstances so substantial and continuing as to make the original maintenance order unreasonable; and (3) did not abuse its discretion in awarding ex-wife only a partial amount of attorney’s fees.

Missouri Court of Appeals, Eastern District - ED104502

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 Wortman has handled thousands of Missouri divorce and family cases and has practiced… Read More