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.
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:
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 that complicate the matter further including the duration of the payments, when maintenance may terminate and tax implications.
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.
A mother was seeking sole custody of her children following a divorce. The father refused to cooperate, leaving the client in a difficult situation as she felt as though her children didn’t have a voice. Scott recognized her need for an advocate and carefully listened to the children’s wishes, which conclusively helped the client achieve sole custody of her children and protected their best interests.
Scott assisted a defendant in a particularly challenging divorce case in which the other spouse was not cooperating. Scott was able to help the client avoid court through an aggressive legal approach to resolve all outstanding disagreements while maintaining the client’s long-term needs.
A grandparent sought visitation rights to his grandchild after the parent tried to block him. Scott takes grandparents’ rights very seriously, and so he devised a strategy to help the grandparent set a visitation schedule. Scott developed a strategy to show that the child’s best interests were fulfilled through the grandparent’s ability to visit the child, helping push the case towards a resolution in the client’s favor.
I have been working with Mr. Hamblin for almost one and a half years and consider him to be one of the finest Lawyers I have ever done business with. Mr. Hamblin’s understanding of Missouri law is to say the least encyclopedic. His areas of expertise are broad and far-reaching. While working with Mr. Hamblin…
Scott was efficient and knew his stuff. Very thorough and committed to our family. He had worked on two different cases for us and did an excellent job. No regrets!
Mr. Hamblin succeeded in winning a child custody modification case for me that most lawyers I spoke with wouldn't even take on. Many told me that modifying a child custody agreement was nearly impossible. Due to the changes at my children's Father's house and the toll it was taking on their mental health, my children…
Scott is a very compassionate but honest man. I have known Scott for 10+ years. I met him while fostering children with Cole County Children's Division. When he became the adoption lawyer for Cole County Children's Division in 2007 my husband and I were one of the first to use him to become adoptive parents…
Scott is a great lawyer, will do what he says! He will work his tail off for you. It was a long 2 year divorce, but I am so glad he was representing me. Very fair and doesn't overcharge for his services. I can now say he is my friend, not only my attorney.
Scott did a great job handling our custody case. He fought for us every step of the way and got things done quickly. He even refunded over half of our retainer because he got the case handled quicker than expected. I would recommend him to anyone.
Scott Hamblin is a great lawyer. He has assisted me in my divorce and custody issues over the past three years. He is easy to work with and has always kept me informed/involved in my cases, as they progress.
If I ever again need any legal advice, I will ask Scott Hamblin every time. Scott was my divorce/child custody attorney. I was extremely happy with him. He cares about his clients and always called in person. He made the almost impossible come true for me! That's how great of an attorney he is. Thank…
He went above and beyond to get me all the help legally available in each situation, and he did so with a kind and calming demeanor. His efforts also included being logical about the use of my funds in these matters. I have never before met a lawyer who gives refunds if he does not…
Scott Hamblin was originally suggested to me for adoption, but I was so impressed I also used his services for future adoptions, name changes and all family law matters since meeting him.
We were forced to hire an attorney when my childrens’ absentee father decided that he suddenly wanted to file for joint custody. After my consultation we decided Mr. Hamblin was who we needed. He was straightforward about all of the possible outcomes, and what we could and couldn’t do. He knows the law very well,…
Scott represented me on a matter that was small, but very important to me. Scott was professional, honest and informative every step of the way. Even though my case was a small one, I never felt any less than his most important client whenever we met or had court appearances. I am absolutely certain that…
Scott was a great lawyer and turned into a friend. He does everything he says he will do, and he works his tail off for you. He would call me at night, and on weekends, not a lot of lawyers will do that. My divorce took over 2 years, I am so glad I switched…
Scott is a great attorney to have on your side. He has helped my family more than I could of ever expected. Thanks again. I would recommend Scott to anyone!
Mr. Hamblin was a step ahead of my every concern. A divorce can be so scary but to be honest I didn't find myself worrying over the process. He didn't miss a detail and gave me so much confidence in his advice. He went above and beyond my expectations. His understanding made me feel like…
Scott helped us with all 3 of our adoptions and it was amazingly painless, they did all the foot work for us and handled everything very professionally! We are so pleased and our family is complete!
Scott finalized an adoption and guardianship for us in 2016. He went above and beyond and made sure during and after it was done that we had the documents we needed. He also got are new birth certificates very timely.
In 2005, I looked for a lawyer that would help in a criminal case. I found Scott Hamblin. He helped with this matter and was always professional, respectful, and straight to the point. He was always prepared for court and on time. Again in 2012, I needed help for a child custody matter and I…
I have used Scott Hamblin’s services acting as power of attorney for my son who is a soldier deployed. Thanks to Mr. Hamblin, he ensured that we received visits with our granddaughter, who was only two weeks old when our son left to fight for our country. These visits allowed our son to communicate via…
I used Scott Hamblin’s services for a modification in custody. Mr. Hamblin was very pleasant to talk with and very informative. He was very up front with what it would cost and what we could expect. The most impressive part of our case was that Mr. Hamblin got right on it. Our issue was resolved…
Scott is always professional but always keeps you at ease. Scott is one of a few attorneys that know all of the adoption laws, and that makes us feel so relaxed and self assured that he will represent us and get the job done without any mistakes. When it comes time for the adoption date…
Scott is a very reputable attorney. He truly has compassion and great knowledge for the clients he serves. Scott was our attorney for our adoptions. We are very thankful for him!
Mr. Hamblin has been my lawyer for 12 years now. He was my lawyer for my divorce, which was not an easy “we agree on everything” divorce, it was a very hard and ugly divorce, I was very pleased with the outcome and he was able to get me what I was asking for. I…
Scott is such an easy person to talk with and can easily explain legal stuff in a layman's terms. Scott is dedicated, trustworthy and listens to everything in a case. Above all of this, Scott has a positive attitude and puts the customer first.
For accessible and experienced representation, contact attorney Scott Hamblin today.