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» Alimony / Maintenance

Spousal support awarded in 6.5 year marriage

Recent case from the Court of Appeals: Husband appeals from the trial court’s judgment, dissolving his marriage Wife, dividing the parties’ marital property, and ordering him to pay maintenance. On appeal, Husband asserts that the trial court err… Read More

Increase in Income Ends Maintenance but Strict Compliance With Statute Required

Recent Case from the Missouri Court of Appeals Wife appeals the modification court’s judgment granting, in part, Husband’s motion to modify his maintenance obligation. The purpose of maintenance is to meet the reasonable expenses of a depende… Read More

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… Read More

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, a… Read More

LAGERS Pension divided as a future asset

Recent Case:  LAGERS Pension present value of zero but future payment divided Missouri Statutes require division of marital property, including local government retirement system benefits. The Circuit court treated the defined benefit pension as a f… Read More

Modification of Maintenance appropriate on Voluntary Retirement and Increase in Resources of Obligee; No entitlement to attorney fees just because of lesser income.

Recent Case:  Wife appeals Judgment of the Circuit Court modifying her spousal maintenance award and denial of attorney fees Statutes base maintenance on, and limit it to, need, and allow modification when a substantial and continuing change in circ… Read More

Spousal Support (Maintenance) Denied in Missouri Divorce

Recent Case: Missouri Court of Appeals upholds Judgment denying spousal support when sufficient property is awarded Wife appeals from the trial court’s judgment that dissolved her marriage with Husband, divided marital property and marital debt… Read More

All financial resources can be considered for support, but parent must have some level of control over gifts and inheritances to count as income

Courts Bulletin: No financial resource is exempt from the court’s consideration for child support and maintenance calculation purposes. However, financial gifts from a parent or third party and lump-sum inheritances/financial gifts are considered a… Read More

Domestic Partnership does not constitute marriage for termination of spousal support (aka alimony)

Recent case: Missouri law states that remarriage terminates spousal support unless expressly agreed or ordered otherwise. Domestic partnership does not qualify for this purpose. Ex-Husband appeals the circuit court’s judgment denying his motion to… Read More

No spousal support (alimony) award that leaves paying spouse negative income

Recent Case: Trial Court error in awarding Wife spousal support amount that left Husband with negative budget, Court must also consider Wife’s ability to contribute Husband appeals from the trial Court’s judgment awarding $1,000 in monthly mainte… Read More

Mark A. Wortman

Mark A. Wortman's Profile Image
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