» Alimony / Maintenance

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

Attorney fee expenses cannot be considered part of reasonable monthly expenses in maintenance modification

Recent case: Attorney fees are not a substantial and continuing change in circumstances that supports a modification of maintenance, especially when the fees are for the modification case. Husband appeals the judgment modifying the divorce decree inc… Read More

Inability to pay spousal maintenance (alimony) and declining health support modification of spousal support award in Missouri.

Recent case: JPD v. KMD Missouri Court of Appeals, Eastern District – ED99338 Husband appeals from the trial court’s Judgment denying his motion to modify his maintenance obligation owed to his ex-wife. Husband argues there was a substantial… Read More

Missouri Divorce FAQ: What is spousal maintenance (alimony), how is it calculated, and how long does it last in Missouri?

In a Missouri divorce case, one of the issues that the Court will have to decide is the payment of maintenance (alimony) to the former spouse. Spousal maintenance payments are monthly payments made from one spouse to the other when one spouse cannot… Read More

Missouri Divorce FAQ: What is an Uncontested Divorce in Missouri?

An uncontested divorce in Missouri is a divorce where both the Husband and the Wife are in complete agreement with all terms of the divorce before the case is filed. In almost all cases, if the case can be resolved as an uncontested matter, there wil… Read More

Court must consider division of marital property before ordering spousal maintenance (alimony); Factors that determine amount of spousal support.

In a recent ruling from the Court of Appeals, Husband appealed the trial Court’s decision granting maintenance to the Wife, claiming, among other things, that the Court did not consider the Wife’s award of marital property, and the abilit… Read More

Courts Bulletin: Modifiable maintenance granted at divorce is terminated when all of the reasons it was awarded have changed.

An action to terminate modifiable maintenance was granted. The case is fact-specific, but deserves reporting simply because of the dearth of appellate cases in which modifiable maintenance is terminated. At the time of the parties’ divorce (dat… Read More

Spousal Maintenance (Alimony) in Missouri: When Granted, Duration, Termination, Modifcation.

Spousal maintenance, formerly known as alimony, can be awarded to either spouse in Missouri divorces. To support the award, the Court must find that the spouse seeking maintenance (1) lacks sufficient property, including marital properly awarded, to… Read More

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