Maintenance in Missouri Rundown

What is maintenance?

Maintenance is another word for alimony, which is simply post-divorce spousal support.  Payments made from one ex-spouse to another for the support of the receiving spouse.

What are the types of maintenance?

Missouri has two types of maintenance obligations, modifiable and non-modifiable.  Modifiable maintenance, just like it sounds, can be modified by the court at a later date if one party files a Motion to Modify Maintenance.  A party attempting to modify a maintenance obligation will have to show a "continuing and substantial change in circumstances" that makes the terms of the original arrangement unreasonable and therefore, a change is warranted.

For example, let's say Husband and Wife divorce.  Husband is a professional soccer player and is ordered to pay $1,000 per month in modifiable maintenance. Two years after the divorce, Husband is attacked by a pack of feral bulldogs, not unlike the beast pictured here:

Husband loses both of his legs in the attack but manages to escape.  The first thing Husband would want do, after applying pressure to his wounds, of course, is to file a motion to modify that maintenance obligation.  His motion to modify would be based on the continuing and substantial change that he is no longer able to practice his craft and earn the income the original maintenance obligation was based off of.

A non-modifiable maintenance cannot be modified by the court at a later date.  It's more like a payment obligation that you'd see for a traditional loan:  Husband pays to Wife a sum of $500 per month for a term of 5 years, or something along those lines.  For non-modifiable maintenance, the payor is agreeing to pay whatever terms are agreed upon.  If the obligation is for $500 per month for 5 years, the paying party better plan on paying $500 per month for 5 years.  A non-modifiable maintenance obligation can be terminated by law, of course, like in the event that the party receiving maintenance re-marries.

How is maintenance handled come tax time?

The party who receives maintenance will claim it as income and pay taxes on it.  Naturally then, maintenance payments are a tax deduction for the party paying them.


You can read more exhilarating commentary about maintenance in Missouri over on my uncontested divorce F.A.Q. page.

Thanks for reading
Gerald W. Linnenbringer

Missouri Uncontested Divorce Timeline [Infographic]

I hope this uncontested divorce infographic is as fun to read as it was to make.

See my webpage's divorce FAQ for more Missouri uncontested divorce information.

Thanks for reading

Gerald W. Linnenbringer, Missouri Uncontested Divorce Attorney

GWL@LinnenbringerLaw.com
www.LinnenbringerLaw.com

Can you get divorced if you don't know where your spouse is?

If you're in a position where you would like a divorce but you have no idea where your spouse is, nor any way to figure out where he or she may be, you can still get your dissolution.  It takes a bit longer, and it's a little more expensive than a relatively cheap uncontested divorce where both parties are cooperating, but it is still possible.

First, you'll need to make a solid, good-faith effort to locate the missing spouse, including using a skiptrace or other means of attempting to locate.  Some clients even reach out via social networks.  Assuming you cannot find your spouse, you will sign a Notice of Publication, and later testify under oath, at the conclusion of your case, that your spouse cannot be located despite your best efforts to do so.

Since proper service is required for any case, including divorces, and personal service cannot be obtained on a missing spouse, the law allows for service by publication.  In this situation, a notice is put in the legal newspaper in the county the case is filed in (in St. Louis County, for example, the notice is put in The Countian).  The client is responsible for paying to have the ad ran for a 4-week period.

Assuming the missing spouse does not see the newspaper publication and consequently do not file an Answer or hire an attorney, he or she will be in default 45-days after the date of first publication.  Once in default, you can move the court for an interlocutory order of default and set the case for a default hearing.  At that default hearing the client testifies to the required elements of a dissolution action and, assuming all goes smoothly, the divorce is ordered at the conclusion of the hearing.

Using service by publication is not an end-around to getting a divorce without your spouse being properly served.  If you can locate your spouse, you will need to have him or her served by a process server or the sheriff.  If, however, you cannot locate your spouse and have no reasonable way in which to find them, you can proceed with service by publication.  Compared to a straight uncontested divorce where both parties are cooperating, a divorce that requires service by publication will be more expensive and take a bit longer.

Thank you for reading. Please feel free to contact me for more information.

Gerald W. Linnenbringer, Missouri Uncontested Divorce Attorney

GWL@LinnenbringerLaw.com
www.LinnenbringerLaw.com

What about an uncontested legal separation?

Divorce vs. Legal Separation

Potential clients often inquire about legal separations - mostly uncontested legal separations - and I find that the main misconception about the legal separation is that it will somehow be an "easier" case to file and get through the courts.

The fact of the matter is, however, all issues that must be ironed out in a dissolution case must also be ironed out in a legal separation case.  The end result are is different, of course, at the conclusion of a dissolution case you're divorced, where at the end of a legal separation case you are not.  The issues that must be decided on are basically the same though - property distribution, debt allocation, child custody, child support, etc.

So why do people get legal separations?  Some people genuinely believe the marriage can possibly be saved and that a little time apart - legally and otherwise - may help, while many choose legal separations for insurance purposes.  A legal separation will likely not cause any issues or disruptions in health insurance coverage provided by the spouse, compared to post-dissolution, where an individual will almost certainly not be able to stay on their ex-spouse's health insurance plan.  Both statements are generalities, of course, and you should speak with your company's HR department as to the affect legal separation and dissolutions have on your particular plan's coverage of spouses (and ex-spouses).

Uncontested legal separations can be done as quickly and efficiently as uncontested dissolution cases.  Please feel free to contact me with any follow-up questions you may have.

Thank you for reading. Please feel free to contact me for more information.

Gerald W. Linnenbringer, Missouri Uncontested Divorce Attorney

GWL@LinnenbringerLaw.com
www.LinnenbringerLaw.com