Chesterfield Spousal Maintenance Attorneys

Missouri Modifications to Maintenance Orders

Subsequent to the divorce judgment, a party can file a motion to modify the prior maintenance order unless the prior maintenance order is non-modifiable. The party filing the motion to modify must prove to the court that since the date the prior judgment was entered there has been a change in circumstances so substantial and continuing as to make the terms of the prior judgment unreasonable. The loss of the paying spouse’s job or the illness of either party resulting in the permanent loss of income may be some of the many possible changes in circumstances.

Enforcing Alimony Payments in Chesterfield, MO

In Missouri, if a husband (or an ex-spouse) refuses to pay court-ordered alimony, serious legal consequences can follow. If your husband refuses to pay alimony, here are the potential steps and consequences:

• Legal Action: The recipient spouse can file a formal complaint with the court, detailing the non-payment of alimony. The court will then set a date for a hearing to address the matter.
• Court Hearing: During the hearing, both parties will present their arguments. The court will evaluate the circumstances and reasons for non-payment.
• Enforcement Measures: If the court finds that the husband is willfully refusing to pay alimony, they may order various enforcement measures, such as wage garnishment, seizing bank accounts, placing liens on property, or even contempt of court.
• Contempt of Court: Willful non-payment can lead to contempt of court, which can result in fines, penalties, or even imprisonment.
• Modification of Alimony: If the husband is facing genuine financial hardship, they can petition the court for a modification of alimony based on changed circumstances, such as a significant decrease in income.

It's essential to consult with an experienced Chesterfield alimony attorney from Galmiche Law Firm, P.C. to navigate the legal process effectively and ensure your rights are protected. They can guide you on the appropriate steps to take if your husband refuses to pay alimony, helping you seek enforcement or modifications as needed.

Seek Guidance from a Chesterfield Alimony Attorney

Maintenance can be one of the most vigorously contested parts of a divorce proceeding. Judges have some discretion in deciding whether to enter a maintenance order or the amount of maintenance, and either party can contest the other party’s request for or against maintenance. A maintenance order has the potential to carry repercussions that can last for years.

Therefore, it is in a party’s best interest to retain an experienced, assertive Chesterfield spousal maintenance attorney to assist them in pursuing a favorable outcome. The Galmiche Law Firm, P.C. has assisted many clients in pursuing favorable results for maintenance, and we can help in your divorce as well.

Need help with spousal maintenance? 
Reach out online to our dedicated Chesterfield alimony attorneys or call (636) 552-4841 for assistance!

Chesterfield Spousal Maintenance Commonly Asked Questions

What Are the Grounds for Alimony (Maintenance) in Missouri?

In Missouri, alimony (maintenance) is not awarded based on specific "grounds" like in some other states. Instead, it is determined by the court's assessment of various factors, including but not limited to the length of the marriage, the financial resources of both spouses, the standard of living during the marriage, and each spouse's contributions. The goal is to ensure a fair distribution of financial support based on need.

What Is a Spouse Entitled to in a Divorce in Missouri?

In Missouri, each spouse is entitled to a fair and equitable distribution of marital property, which includes assets and debts acquired during the marriage. This can encompass real estate, bank accounts, retirement accounts, and other tangible and intangible assets. Non-marital property, acquired before the marriage or received as a gift or inheritance, typically remains with the original owner.

How to Avoid Paying Alimony (Maintenance) in Missouri?

To potentially avoid paying alimony (maintenance) in Missouri, one can focus on demonstrating financial independence, such as showing that the other spouse has the means to support themselves. Additionally, negotiating a fair settlement that includes other forms of compensation, such as a larger share of marital assets, may reduce the likelihood of spousal support being awarded. Consulting with a knowledgeable Chesterfield spousal support attorney can help navigate these discussions effectively. 

How Long do Spousal Maintenance Payments Last?

The duration of spousal maintenance depends on the specifics of the case. Payments may be temporary to allow the receiving spouse time to become self-sufficient or long-term in cases involving longer marriages or significant financial disparities. The court may specify a set term or leave payments open-ended, subject to termination upon events like remarriage or retirement.

What Happens if a Spouse Fails to Pay Spousal Maintenance?

If a spouse fails to make court-ordered maintenance payments, legal action can be taken to enforce the order. This may include wage garnishment, seizing assets, or other legal remedies. Consulting a knowledgeable family law attorney is crucial to protecting your rights in these cases.

Do You Have to Pay Alimony (Maintenance) if Your Spouse Cheats in Missouri?

In Missouri, infidelity alone does not automatically entitle a spouse to alimony (maintenance) or exempt a spouse from paying it. While a court may consider marital misconduct when determining alimony (maintenance), factors such as financial need, standard of living, and the length of the marriage play a more significant role in the decision-making process. Ultimately, the court seeks a fair outcome based on the overall circumstances rather than solely on infidelity.