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Maintenance is financial support for a spouse and is sometimes thought of as alimony. Maintenance is awarded in a divorce. Not every spouse who wants spousal financial support is eligible to receive it. In order to qualify for this, the divorce court must first find two items: (1) that spouse requesting maintenance lacks sufficient property to provide for his or her reasonable needs, and (2) that the spouse is unable to support himself, or the spouse is the custodian of a child who circumstances dictate that the parent not work. Upon proof of these conditions, the divorce court may then consider the amount of spousal support.

Factors for Maintenance

The court may consider all relevant facts in determining an award of maintenance; however, the court is required to consider the following factors pursuant to section 452.335 RSMo:

  1. The financial resources of the party seeking maintenance, including marital property apportioned to him, and his ability to meet his needs independently, including the extent to which a provision for support of a child living with the party includes a sum for that party as custodian;
  2. The time necessary to acquire sufficient education or training to enable the party seeking financial support to find appropriate 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 marital property apportioned to him and the separate property of each party;
  6. The duration of the marriage;
  7. The age, and the physical and emotional condition of the spouse seeking maintenance;
  8. The ability of the spouse from whom maintenance is sought to meet his needs while meeting those of the spouse seeking financial support;
  9. The conduct of the parties during the marriage; and Any other relevant factors.

The complexities of spousal support often make it one of the more difficult issues for trial. This form of spousal support can only be awarded at the time of the divorce. If it is not awarded at the time of the divorce, a former spouse is prohibited from returning to court in the future to obtain maintenance.

There are other issues involved in divorce cases which complicate the matter further including the duration of the payments, when maintenance may terminate and tax implications.

Contact a Jefferson City Lawyer Today

For more information or assistance regarding your divorce and questions related to this form of spousal support, please contact Scott Hamblin online or by telephone at 573-821-4013.

Individuals sometimes die as a result of the conduct of others. Wrongful death claims arise as a result of the intentional or negligent acts of others. Wrongful death claims can occur when a person has suffered injuries, such as from a car accident or semi-truck collision. The person initially survives, but later dies from the injuries that were inflicted. In such situations, a person may have a wrongful death claim. In other instances, a person may die as a result of defective condition in a car, truck, vehicle or equipment, or as a result of manufacturer’s failure to properly warn a person of certain hazards from using a car or equipment.

Wrongful Death or Injury Attorney in Missouri

Claims for wrongful death actions are governed by statute in Missouri. The Missouri statutes set out who can file a claim for wrongful death. Not every person is entitled to bring a claim for wrongful death. Wrongful death claims may be brought by spouses, parents, children or other relatives, but the statute specifies who is given preference or priority to maintain such a claim. The statute also specifies what the court may consider in determining how to apportion any money received as result of a wrongful death claim.

Scott Hamblin is an Experienced Lawyer

Scott Hamblin practices in the area of personal injury law, including wrongful death claims. As an experienced trial lawyer handling personal injury and wrongful death claims, Scott can assist you with all aspects of the case. Scott Hamblin is a partner and shareholder with the law firm of Brydon Swearengen & England P.C., located in Jefferson City, Missouri. Scott handles cases throughout Missouri, including regularly practicing in Circuit Courts in Mid-Missouri.

Free Consultation – Wrongful Death and Personal Injury Lawyer

Has your spouse, a parent or family member been injured or killed? If so, you may have certain rights under Missouri law. Contact Scott’s law office online or by phone at 573-821-4013 to speak with a knowledgeable personal injury lawyer, including claims for wrongful death. Scott prefers to meet with prospective clients in person if possible. Please contact Scott to schedule an appointment. Scott offers a free initial consultation, and generally handles personal injury and wrongful death cases on a contingency fee basis so that you are not paying a fee unless Scott recovers for you.

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Scott Hamblin

Attorney at Law

312 E Capitol Ave
Suite 200
Jefferson City, Missouri 65101

573.821.4013

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