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 fut… Read More
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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 circum… Read More
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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
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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
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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
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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
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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
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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
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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
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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
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