Welcome to Faurot Family Law
Maintenance, sometime also referred to as spousal support or alimony, is a monthly payment awarded as part of a divorce proceeding by one spouse to the other when that spouse is unable to provide for his or her reasonable needs. Judges have discretion pursuant to Missouri law to decide if maintenance will be awarded based on the circumstances of the parties, and if so awarded, to what extent.
Missouri Statute §452.335 provides a two-step test for the Court in determining the issue of maintenance. Step one is for the Court to determine if the spouse seeking maintenance is entitled to receive maintenance. In making this determination the Court must make a finding that the spouse seeking maintenance 1) lacks sufficient property, including marital property apportioned to him or her, to provide for his or her reason needs; and 2) is unable to support himself or herself through appropriate employment or is the custodian of a child whose condition or circumstances make it appropriate that the custodian not be required to seek employment outside the home.
Sometime, the spouse seeking maintenance is able to prove a need for financial support greater than what the paying spouse can afford.
If the Court determines a spouse is entitled to maintenance, they will move on to step two which is to determine the amount and duration of the award. Missouri law provides that the maintenance order should be for an amount and for such periods of time as the Court deems just after considering all relevant factors. Some specific factors considered by the court include, but are not limited to:
There is no specific mathematical formula used to calculate the amount of maintenance that should be paid in any particular situation, rather it is determined on a case by case basis after reviewing all the relevant factors.
A Judgment awarding maintenance must designate whether the award is modifiable or non-modifiable. If the order is modifiable, either party may seek to modify the order upon the showing of a substantial and continuing change in circumstances since entry of the original Judgment such that the terms of the original Judgment are unreasonable. Some common changes include the loss of the paying spouse’s job or increase in earning ability of the receiving spouse.
Maintenance is sometimes one of the most litigated issues within a case. Because maintenance orders have the potential for long-term financial impact on both parties and Judges have much discretion in deciding the issue and amount of maintenance, it is imperative that you speak with an experienced, Maintenance Attorney to protect your best interests and ensure you get what you deserve. Our experienced Divorce Attorney at Faurot Family Law will evaluate your situation and aggressively fight to protect your right to receive the support you deserve.
If you have questions about maintenance, spousal support, or alimony, contact us today online or by phone at 573.449.4473.
The information provided on this website is general in nature and does not constitute legal advice. No information contained in this website should be taken as legal advice for any individual case. The use of this site by you and the sending or receipt of information, does not create an attorney-client relationship between you and this firm. Any communication by you through this website will not be considered as privileged or confidential. The receipt of an e-mail from this firm, even in response to a specific question, does not create an attorney-client relationship. You should not act on the basis of any information contained in this website without first seeking appropriate legal or other professional advice. The choice of an attorney is an important decision and should not be based solely on advertising. External sites which may be referenced or linked by this website are not under the control of this Firm and Faurot Family Law makes no representations concerning the quality, safety, or suitability of the content of those sites.
Copyright © 2021 Faurot Family Law - All Rights Reserved.
Powered by GoDaddy Website Builder