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Missouri Divorce Lawyer: Can a Maintenance Order Be Modified?

April 9, 2017 by David Betz

Often times, spouses who are required to pay maintenance wonder if this order can be changed.

Alimony or spousal maintenance is an important and complex component of a divorce case. The judge, depending on the circumstances of the case, will initially decide whether spousal maintenance needs to be included in the dissolution of marriage order, and if included, both parties are bound by the court decision. Often times, spouses who are required to pay maintenance wonder if this order can be changed. In this article, we will help answer this question.

Types of Maintenance Orders

Missouri courts recognize two main types of maintenance orders:

Term Maintenance – Term maintenance is a maintenance order assigned to a party for a specific number of years or months. It can never be altered or modified; neither within the set term nor on the conclusion of the set term, irrespective of changes in either party’s circumstances.
Modifiable Maintenance – As the term suggests, modifiable maintenance is an order that can be modified. If the court assigns modifiable maintenance, either party can, at a later date request an increase or decrease in the maintenance assigned. While most divorce lawyers advise their clients to wait for a minimum of one year post the dissolution judgment before approaching the courts for a revision, the court could consider an earlier modification depending on the situation.

When Can a Maintenance Order Be Modified?

First, it is essential for all parties seeking a legal modification of maintenance orders to note that:

If the original dissolution of a marriage does not include maintenance order, neither of the parties can ever approach the court for inclusion of a maintenance award from the other party at a later date.
Moreover, according to the Missouri Revised Statute 452.370, the maintenance order gets automatically terminated upon the death of either of the parties or if the receiving party remarries. However, in cases of modifiable maintenance, the maintenance award can be altered or modified in cases where the court finds substantial and continuing change of circumstances.

A substantial and continuing change of circumstances could refer to any of the following circumstances:

Significant increase or decrease in either the needs or earnings of either party.
Either party receiving public assistance or benefits.
A significant change in the cost of living
Any medical expenses incurred for a child that hasn’t been addressed in the original judgment.
Financial requirement as compared to income
The ability of a spouse to pay maintenance
Change in health of either party

There are many other factors that a court judge can consider for modification of maintenance. It is important to note that while either party put forth a request to alter the maintenance order, it is the sole responsibility of the requesting party to prove the need for modification and that the amount increase or decrease requested is correct as per changed circumstances.

In such cases, the court judge will have a substantial discretion power to ascertain the need for a modification in the maintenance order. The Judge will make a decision based on changed factors like:

The paying party’s ability to meet his /her own reasonable living expenses
The employment status of each party
Income generated by each party
If either party is cohabiting with another person and if that person should be assisting with the party’s expenses and needs.

Call a St. Louis Divorce Attorney

Hundreds of questions come to mind as the stark reality of divorce settles in. As a firm, our goal is to help you find the answers to those questions and to begin the next phase of your life with as much ease as possible. We are dedicated to providing our clients and their families with kind, personalized, and professional legal representation throughout the entire divorce process.

Please call us today to discuss your case at (314) 801-8488 or fill out our online contact form.

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Aug 2, 2019 @ 3:15 pm

Understanding Interstate Child Custody in Missouri

March 30, 2017 by David Betz

We have the experience to help you through the complexities of a child custody case.

Child custody disputes are generally tedious, stressful and complex in nature. Often, divorcing/divorced parents move away to another state in pursuit of a new job or another opportunity. This brings up the question of custody and visitation rights. In this article, we will discuss interstate child custody in Missouri in detail.

History of the Uniform Child Custody Jurisdiction Act

There have been cases where the parent with the custody of the child simply relocates with the child with little or no intimation to the other parent. Conversely, there have been cases in the past of the non-custodial parent ‘kidnapping’ the child and relocating to another state. Thereafter, the non-custodial parent approaches the court in the other state with hopes that the courts of the other state might be sympathetic to their cause and will grant a favorable reversing of orders with respect to child custody rights. Many find success in getting those orders reversed.

Uniform Child Custody Jurisdiction Act

In a bid to avoid such cases, the UCCJA (Uniform Child Custody Jurisdiction Act) was drawn in 1968 and was adopted by all the states in 1981. Primarily, the UCCJA was introduced to reduce or discourage the ‘kidnapping’ of children by non-custodial parents, and it worked on two basic principles:

First, the establishment of the jurisdiction of the child custody case in one state
Second, to protect the state court order from modification in any state, as long as the jurisdiction of the case lies with one state.

The UCCJA in itself did not address the concept of ‘home state’ thereby creating confusion as to which state has jurisdiction over the child custody case.

Parental Kidnapping Prevention Act

In 1981, the Parental Kidnapping Prevention Act (PKPA) was introduced. The PKPA, while essentially addressing the same principles as the UCCJA, added the principles of Full Faith and Credit Clause of the Constitution of the United States to the UCCJA. However, it differed on two key accounts:

It gave exclusive jurisdiction and authority to the ‘home state’ or the original state where the child custody case was established, and
Once the exclusivity of the jurisdiction of a state is established, the state has continued authority over jurisdiction until all original parties exit the state.

In practice, both the Acts worked well in tandem, except that they did not address interstate enforcement of child custody orders. Often divorced parents choose to live in different states, giving more than one state the power to adjudicate a child custody dispute. This added complexities to a child custody dispute rather than simplifying and solving it.

St. Louis Child Custody Attorneys

At The Betz Law Firm, we recognize the delicate nature of child custody proceedings and make it a priority to ensure that the interests of you and your child are considered first and foremost. The idea of losing precious time with a child can be overwhelming for a parent whose primary goal is to protect their well being. We have the experience you need to help your family through these difficult times and to make sure that you are satisfied with the end result.

Call us today at (314) 801-8488 or fill out our online contact form to request a free and private consultation.

Aug 2, 2019 @ 3:43 pm

Signs Your Marriage Could Be Headed for Divorce

March 22, 2017 by David Betz

A leading divorce-prediction researcher explains indicators that often lead to divorce.

Divorces are stressful. They can wreak havoc not only on the health of a relationship but also on the physical health of the family members. The emotional, mental and physical toll it takes can lead to a host of lifestyle diseases like diabetes, depression, high blood pressure, anxiety, cancer, heart diseases, etc.

Earlier, medical practitioners limited their diagnosis to the symptoms of medical conditions and treatment of those conditions. However, today, as some medical conditions have become a symptom of divorce, it has led medical practitioners to predict and counsel patients about the possibility of divorce, the risks divorce places on health, and even refer patients to counseling to prevent divorce and thus reduce the effect of these diseases. Recent research has highlighted the indicators that lead to divorce. In this article, we will discuss some of these indicators.

Positives to Negatives Ratio

In the United States, 50% of marriages stand the risk of divorce. With such alarming numbers, a leading divorce-prediction researcher, John Gottman (Psychology professor at the University of Washington) conducted a study on thousands of couples, noting positive and negative body language, facial expressions, and comments that can make or break a marriage.

According to his study, a successful marriage has a 5:1 ratio of positive to negative interactions. A drop in the positive ratio can increase the risk of divorce. Negative emotions, expressions and body language like criticism, contempt, stonewalling and defensiveness in any relationship are the strongest indicators of divorce.

Midlife Divorces

Another study that was conducted indicated that half of marriages end within the first seven years, midlife, or marriages that reach 14 to 20 years also have a risk of divorce. The 14 years study included 79 couples from Indiana that had been married for 4-5 years. By the end of four years, about 9% of the couples were divorced and at the end of the fourteen years of the study, about 28% of the couples were divorced. The study indicated that marriages ending in midlife indicated suppressed emotions that often lead to divorce.

Traditional Counseling Misconceptions

Traditional counseling includes many approaches that over time have become redundant or simply don’t work. For example, “Active Listening” a traditional counseling approach, often ends in the spouse agreeing to a complaint, showing that they “hear what their spouse has to say” and then repeating the same. In happy marriages, both spouses are more conscious of their actions that lead to arguments and know when to end one.

Traditional counseling also tells a couple to give up on the ‘idealized view of marriage.” However, this has been proved contrary. Couples having high expectations from their marriages lead to high quality married lives.

Other Factors that Indicate Impending Divorce

There are some other factors that can affect the quality of a marital relationship and increase the risks of divorce.

It is seen that marriages where the wife has very little or no influence over decision making have higher risks of divorce.
The risk of divorce is higher for women who marry younger men, whereas, marriages where men marry younger women seldom have issues.
Children also affect divorce risks. While the marital satisfaction drops by 70% in the first few years after children, they help keep the bonds of marriage strong in the long run.
Finally, couples that have the same arguments and the same problems have longer-lasting marriages due to the ‘acceptance’ therapy, where the couple accepts the negatives of each other over time.

All these are mere indicators of divorce and there can be different indicators for different couples. If you are considering divorce, you should speak with an experienced and compassionate St. Louis divorce lawyer.

St. Louis Divorce Attorney

Our legal practice is focused exclusively on family law and consists of a staff of experienced professionals who have immense knowledge of all the legal issues that can arise during a divorce. Hundreds of clients have been assisted with the issues of child custody, visitation, and support, as well as alimony, division of joint assets, and much more.

We are dedicated to providing our clients and their families with kind, personalized, and professional legal representation throughout the entire divorce process. Call us today at (314) 801-8488 or fill out our online contact form.

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Aug 2, 2019 @ 4:02 pm

When is a Guardian ad Litem Appointed?

March 16, 2017 by David Betz

Divorce cases can be very complicated when children are involved. At times, it is necessary to appoint a Guardian ad Litem.

Divorce cases can get very complicated when children are involved. Apart from the emotional stress that the family members, especially the children undergo, there can be legal complications that prolong the divorce processes and add to the stress. In this article, we will discuss one aspect of divorce and child custody cases – the appointment of Guardian ad Litem.

Who is a Guardian ad Litem?

The Section 452.423 of the Missouri Revised Statute makes provision for a Guardian ad Litem – an impartial, objective individual who represents minor children in court cases like the dissolution of marriage, contested custody or visitation rights, or in cases where a party has been alleged of child neglect or abuse.

A Guardian ad Litem represents any individual involved in a legal case, who cannot adequately represent himself/herself due to being a minor, mentally incapacitated or aged.

The representation of a Guardian ad Litem is provided by the court or can be requested by any of the parties to protect the interest of the minor.

When Can a Guardian ad Litem Be Appointed?

A Guardian ad Litem may be appointed by the court, or by request of any of the involved parties. On the other hand, any of the parties involved can even file an objection to a court-appointed Guardian ad Litem, within the defined time limit following the appointment.

A Guardian ad Litem is usually appointed in a case where:

A child is suspected of being a victim of child abuse at the hands of either parent
A parent is allegedly abusing a controlled substance or alcohol
A child indicates a clear preference for one parent
If the child exhibits behavior that is considered at-risk, delinquent or truant

Functions of a Guardian ad Litem

As per the Missouri Court standards, the Guardian ad Litem is appointed to protect the best interests of the child, or children, while at the same time conducting investigations that can help protect the interest of the child/children. The Guardian ad Litem has the power to cross-examine and question the child, or anyone having relevant information on the child and his/her well-being.

The Guardian ad Litem gets access to all school and medical records pertaining to the child, and based on the results of the investigation, he is expected to make recommendations to the court about the child’s custody and living arrangements, visitation, support, schooling, relationships and many other aspects of the child’s daily life that can make an impact on the well-being of the child.

The Guardian ad Litem also has the power to subpoena a witness to testify in court or at a deposition.

Appointing a Guardian Ad Litem

When a court appoints a Guardian ad Litem, it can order the parents to bear the fees of Guardian ad Litem. Therefore it is essential that both parties clearly understand and discuss the need for appointing Guardian ad Litem. The appointment allows an individual to legally gain access to all relevant information, set aside the decisions of the parents and then make decisions regarding the children. It is therefore advised that parents seeking divorce try to resolve custody and visitation issues and provide the court with a clear child support plan with the help of their respective lawyers.

However, in cases where amicable decision making is simply not possible, a Guardian ad Litem can be appointed.

St. Louis Divorce Attorneys

Our team of experienced divorce attorneys and aides assist our clients with these difficult decisions and help them choose the grounds that are most relevant to their case. In the midst of so much emotional upheaval, it can be difficult for the petitioner to face these types of choices. Our team of considerate attorneys will be there to help see you through these rough times.

Contact The Betz Law Firm today for a free 30-minute phone consultation by calling (314) 801-8488 or by filling out our online contact form.

Jun 24, 2019 @ 5:17 pm

St. Louis Divorce Lawyer Discusses Divorce Decrees in Missouri

March 9, 2017 by David Betz

What is a divorce decree and what information is important to know?

For a couple seeking a divorce in the State of Missouri, it is important for them to understand the procedures of filing a divorce, have an understanding of the correct legal terminology, and most importantly get a clear idea of how the court will bring the divorce case to term.

In this article, we will discuss what you should know about divorce decrees in Missouri.

What is a Divorce Decree?

Once a divorce case is filed with the Missouri court, and the proceedings pertaining to the factors affecting the divorce such as division of property, maintenance or alimony, child custody, and support, etc. are decided upon, the court (judge) will issue a divorce decree.

A divorce decree is a written document of the court order that grants the dissolution of the marriage. This provision made by the Missouri divorce laws encompasses decrees issued by the court judge pertaining to the factors affecting the divorce as mentioned above.

Getting a Divorce Decree

Missouri is a no-fault divorce state. This means that neither of the spouses needs to prove or allege a cause for divorce such as adultery, cruelty, abandonment, etc. For filing a divorce, either of the spouses has to assert that the marriage is broken beyond reconciliation and therefore the marriage cannot be saved. Either party (husband or wife) can file a petition for dissolution of the marriage with the circuit court and request a decree of divorce. However, there are some prerequisites that the Missouri court requires for the divorce proceedings:

Either one (husband or wife) should be a resident of Missouri for a minimum of 90 days preceding the day the divorce petition is filed.
The court needs to be notified if the wife is pregnant and if the divorce needs to be delayed until the delivery.
All couples filing for divorce have a 30 day cooling off period between filing the petition and granting of the dissolution of marriage.

The Divorce Decree

The divorce decree of dissolution of marriage is termed as final on the day the judge signs the judgment of dissolution and it is filed with the court. The court includes all aspects that are concerned with divorce such as deciding on child custody and support, maintenance or alimony, division and disposition of property. The decree may issue a grant to the wife to retain her maiden name.

Both the spouses can thereafter live their lives as unmarried individuals, however, they are required to respect and comply with the terms of the divorce decree with respect to visitation rights, maintenance, and division of property.

Modifying the Terms of the Judgment

Any substantial or a continuing change of circumstance since the granting of the divorce decree can permit a party to modify the terms of the judgment pertaining to any of the factors like child custody, support maintenance, etc. the situations that could qualify as substantial and continuing are:

An economic slowdown or a loss of job
The commencement of a child’s college
Increase in a child’s living expense
Serious illness or an increase in medical expense of either of the spouses or a child

It is, however, not easy to move a court to modify its terms of judgment. The court will review the situation, and only then consider modifications. The process is often long drawn and significantly increases divorce attorney fees and costs.

Contact a St. Louis Divorce Lawyer

Contact The Betz Law Firm today at (314) 801-8488 or by filling out our online contact form. As a firm, our goal is to help you find the answers to those questions and to begin the next phase of your life with as much ease as possible.

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Jun 24, 2019 @ 5:53 pm

Division of Business in Divorce – St. Louis Divorce Attorney

February 24, 2017 by David Betz

Division of business in a divorce can be a contentious issue. Missouri is a dual property state and follows an equitable distribution policy. For property division, the Missouri court will first classify assets into marital assets (acquired during or after the marriage, or assets that have increased value due to the marriage), which are divided between the couple, and separate assets (that have been solely acquired before the marriage, inherited bequests, gifts or assets acquired with separate funds) that are not subject to division in a divorce. St. Louis divorce attorney explains this in detail.

Division of business in a Divorce

Dividing a business in a divorce is a complicated procedure. Categorizing assets into marital or separate assets presents several challenges. There are many factors that define the division of business and determination of the business into marital or separate. They are –

Date of marriage and date of commencement, investment or acquisition of shares of a business by one or both spouses.
The source and the number of funds used to fund the business
Amount of money contributed by both spouses in the business
Other non-tangible aspects like the amount of time, interest and work put in by either of the spouses towards the business.

While these factors can help define a business as marital or separate, the division is not determined by these factors only.

Valuating a business

Once the business is defined as marital property and a spouse’s valid interest is determined, the court seeks to determine and calculate the value of the business. This determination is done by using either one of the following three methods –

1. Asset formula – Asset-Liabilities = Value
Assets can be categorized into tangible and non-tangible. Where tangible assets include physical (touchable) assets like inventory, infrastructure, etc., non-tangible (non-physical) assets are accounts receivables, patents, goodwill, etc. However, the asset formula cannot be used for unrecorded assets and liabilities and the method is often used for smaller businesses.

2. Market Approach – The market approach compares the business to other similar businesses that have been sold in the market. The market approach, however, can pose to be a problem if no ‘similar’ sold businesses are available for comparison.

3. Income Approach – The income approach is a commonly used method where formulas and historical data are used to predict cash flow and business profits. In the income approach also calculates future benefits and rate of returns and risks.

Business Evaluation

While the value of small businesses can be evaluated by both the parties and then divided, bigger businesses with complexities need the expertise of an evaluation expert. These experts often qualified as Certified Business Appraiser (CBA) or an Accredited Senior Appraiser (ASA), look into the history, assets, finances, and liabilities of the business in order to evaluate it.

For a business that has a high monetary value, both the parties can seek to appoint different independent experts. After the experts determine the value of the business and testify their respective findings to the court, if the parties end up in litigation, it is up to the judge to give the final decision.

Get in touch with an experienced and competent St. Louis divorce lawyer for more information.

Aug 2, 2019 @ 3:54 pm