Maintenance order, findings required for--termination date, may bemodified, when.
452.335. 1. In a proceeding for nonretroactive invalidity,dissolution of marriage or legal separation, or a proceeding formaintenance following dissolution of the marriage by a courtwhich lacked personal jurisdiction over the absent spouse, thecourt may grant a maintenance order to either spouse, but only ifit finds that the spouse seeking maintenance:
(1) Lacks sufficient property, including marital propertyapportioned to him, to provide for his reasonable needs; and
(2) Is unable to support himself through appropriateemployment or is the custodian of a child whose condition orcircumstances make it appropriate that the custodian not berequired to seek employment outside the home.
2. The maintenance order shall be in such amounts and forsuch periods of time as the court deems just, and afterconsidering all relevant factors including:
(1) The financial resources of the party seekingmaintenance, including marital property apportioned to him, andhis ability to meet his needs independently, including the extentto which a provision for support of a child living with the partyincludes a sum for that party as custodian;
(2) The time necessary to acquire sufficient education ortraining to enable the party seeking maintenance to findappropriate employment;
(3) The comparative earning capacity of each spouse;
(4) The standard of living established during the marriage;
(5) The obligations and assets, including the maritalproperty apportioned to him and the separate property of eachparty;
(6) The duration of the marriage;
(7) The age, and the physical and emotional condition of thespouse seeking maintenance;
(8) The ability of the spouse from whom maintenance issought to meet his needs while meeting those of the spouseseeking maintenance;
(9) The conduct of the parties during the marriage; and
(10) Any other relevant factors.
3. The maintenance order shall state if it is modifiable ornonmodifiable. The court may order maintenance which includes atermination date. Unless the maintenance order which includes atermination date is nonmodifiable, the court may order themaintenance decreased, increased, terminated, extended, orotherwise modified based upon a substantial and continuing changeof circumstances which occurred prior to the termination date ofthe original order.
(1975) For extensive discussion of the law under this section, see In re Marriage of Powers (A.), 527 S.W.2d 949.
(1976) This section does not apply to modification of existing dissolution decree but only to original decree. Modifications are governed by § 453.370. Sifers v. Sifers (A.), 544 S.W.2d 269.
(1976) For discussion of "abuse of discretion" and items to be considered in making property settlements, support and attorney's fee awards, see Beckman v. Beckman (A.), 545 S.W.2d 300.
(1977) Held, trial court erred in making a periodically decreasing or "stairstepped" award. Modifications must not be made on speculation. In re Marriage of Cornell (A.), 550 S.W.2d 823.
(1977) Appellate court held that under the circumstances wife, though guilty of misconduct, was entitled to greater proportion of marital property and a continuation, after dissolution of marriage, of maintenance of $375.00 a month awarded by trial court. Marriage of Schulte (A.), 546 S.W.2d 41.
(1977) Held, "reasonable needs" does not automatically equal the standard of living established during the marriage. There is an affirmative duty on the part of a spouse seeking dissolution to seek employment. Brueggemenn v. Brueggemann (A.), 551 S.W.2d 853.
(1977) Maintenance in gross may be awarded under this section. Miller v. Miller (A.), 553 S.W.2d 482.
(1977) Statute allowing award of maintenance in gross was not repealed by the dissolution of marriage statutes and § 452.335 does not preclude award of maintenance in gross. Carr v. Carr (A.), 556 S.W.2d 511.
Maintenance order, findings required for--termination date, may bemodified, when.
452.335. 1. In a proceeding for nonretroactive invalidity,dissolution of marriage or legal separation, or a proceeding formaintenance following dissolution of the marriage by a courtwhich lacked personal jurisdiction over the absent spouse, thecourt may grant a maintenance order to either spouse, but only ifit finds that the spouse seeking maintenance:
(1) Lacks sufficient property, including marital propertyapportioned to him, to provide for his reasonable needs; and
(2) Is unable to support himself through appropriateemployment or is the custodian of a child whose condition orcircumstances make it appropriate that the custodian not berequired to seek employment outside the home.
2. The maintenance order shall be in such amounts and forsuch periods of time as the court deems just, and afterconsidering all relevant factors including:
(1) The financial resources of the party seekingmaintenance, including marital property apportioned to him, andhis ability to meet his needs independently, including the extentto which a provision for support of a child living with the partyincludes a sum for that party as custodian;
(2) The time necessary to acquire sufficient education ortraining to enable the party seeking maintenance to findappropriate employment;
(3) The comparative earning capacity of each spouse;
(4) The standard of living established during the marriage;
(5) The obligations and assets, including the maritalproperty apportioned to him and the separate property of eachparty;
(6) The duration of the marriage;
(7) The age, and the physical and emotional condition of thespouse seeking maintenance;
(8) The ability of the spouse from whom maintenance issought to meet his needs while meeting those of the spouseseeking maintenance;
(9) The conduct of the parties during the marriage; and
(10) Any other relevant factors.
3. The maintenance order shall state if it is modifiable ornonmodifiable. The court may order maintenance which includes atermination date. Unless the maintenance order which includes atermination date is nonmodifiable, the court may order themaintenance decreased, increased, terminated, extended, orotherwise modified based upon a substantial and continuing changeof circumstances which occurred prior to the termination date ofthe original order.
(1975) For extensive discussion of the law under this section, see In re Marriage of Powers (A.), 527 S.W.2d 949.
(1976) This section does not apply to modification of existing dissolution decree but only to original decree. Modifications are governed by § 453.370. Sifers v. Sifers (A.), 544 S.W.2d 269.
(1976) For discussion of "abuse of discretion" and items to be considered in making property settlements, support and attorney's fee awards, see Beckman v. Beckman (A.), 545 S.W.2d 300.
(1977) Held, trial court erred in making a periodically decreasing or "stairstepped" award. Modifications must not be made on speculation. In re Marriage of Cornell (A.), 550 S.W.2d 823.
(1977) Appellate court held that under the circumstances wife, though guilty of misconduct, was entitled to greater proportion of marital property and a continuation, after dissolution of marriage, of maintenance of $375.00 a month awarded by trial court. Marriage of Schulte (A.), 546 S.W.2d 41.
(1977) Held, "reasonable needs" does not automatically equal the standard of living established during the marriage. There is an affirmative duty on the part of a spouse seeking dissolution to seek employment. Brueggemenn v. Brueggemann (A.), 551 S.W.2d 853.
(1977) Maintenance in gross may be awarded under this section. Miller v. Miller (A.), 553 S.W.2d 482.
(1977) Statute allowing award of maintenance in gross was not repealed by the dissolution of marriage statutes and § 452.335 does not preclude award of maintenance in gross. Carr v. Carr (A.), 556 S.W.2d 511.
Maintenance order, findings required for--termination date, may bemodified, when.
452.335. 1. In a proceeding for nonretroactive invalidity,dissolution of marriage or legal separation, or a proceeding formaintenance following dissolution of the marriage by a courtwhich lacked personal jurisdiction over the absent spouse, thecourt may grant a maintenance order to either spouse, but only ifit finds that the spouse seeking maintenance:
(1) Lacks sufficient property, including marital propertyapportioned to him, to provide for his reasonable needs; and
(2) Is unable to support himself through appropriateemployment or is the custodian of a child whose condition orcircumstances make it appropriate that the custodian not berequired to seek employment outside the home.
2. The maintenance order shall be in such amounts and forsuch periods of time as the court deems just, and afterconsidering all relevant factors including:
(1) The financial resources of the party seekingmaintenance, including marital property apportioned to him, andhis ability to meet his needs independently, including the extentto which a provision for support of a child living with the partyincludes a sum for that party as custodian;
(2) The time necessary to acquire sufficient education ortraining to enable the party seeking maintenance to findappropriate employment;
(3) The comparative earning capacity of each spouse;
(4) The standard of living established during the marriage;
(5) The obligations and assets, including the maritalproperty apportioned to him and the separate property of eachparty;
(6) The duration of the marriage;
(7) The age, and the physical and emotional condition of thespouse seeking maintenance;
(8) The ability of the spouse from whom maintenance issought to meet his needs while meeting those of the spouseseeking maintenance;
(9) The conduct of the parties during the marriage; and
(10) Any other relevant factors.
3. The maintenance order shall state if it is modifiable ornonmodifiable. The court may order maintenance which includes atermination date. Unless the maintenance order which includes atermination date is nonmodifiable, the court may order themaintenance decreased, increased, terminated, extended, orotherwise modified based upon a substantial and continuing changeof circumstances which occurred prior to the termination date ofthe original order.
(1975) For extensive discussion of the law under this section, see In re Marriage of Powers (A.), 527 S.W.2d 949.
(1976) This section does not apply to modification of existing dissolution decree but only to original decree. Modifications are governed by § 453.370. Sifers v. Sifers (A.), 544 S.W.2d 269.
(1976) For discussion of "abuse of discretion" and items to be considered in making property settlements, support and attorney's fee awards, see Beckman v. Beckman (A.), 545 S.W.2d 300.
(1977) Held, trial court erred in making a periodically decreasing or "stairstepped" award. Modifications must not be made on speculation. In re Marriage of Cornell (A.), 550 S.W.2d 823.
(1977) Appellate court held that under the circumstances wife, though guilty of misconduct, was entitled to greater proportion of marital property and a continuation, after dissolution of marriage, of maintenance of $375.00 a month awarded by trial court. Marriage of Schulte (A.), 546 S.W.2d 41.
(1977) Held, "reasonable needs" does not automatically equal the standard of living established during the marriage. There is an affirmative duty on the part of a spouse seeking dissolution to seek employment. Brueggemenn v. Brueggemann (A.), 551 S.W.2d 853.
(1977) Maintenance in gross may be awarded under this section. Miller v. Miller (A.), 553 S.W.2d 482.
(1977) Statute allowing award of maintenance in gross was not repealed by the dissolution of marriage statutes and § 452.335 does not preclude award of maintenance in gross. Carr v. Carr (A.), 556 S.W.2d 511.
