Bill Text: MO HB2227 | 2014 | Regular Session | Introduced
Bill Title: Prohibits a court from awarding maintenance following the dissolution of a marriage for a period in excess of 120 months
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2014-05-16 - Referred: Judiciary(H) [HB2227 Detail]
Download: Missouri-2014-HB2227-Introduced.html
SECOND REGULAR SESSION
97TH GENERAL ASSEMBLY
INTRODUCED BY REPRESENTATIVE FRAKER.
5309H.01I D. ADAM CRUMBLISS, Chief Clerk
AN ACT
To repeal section 452.335, RSMo, and to enact in lieu thereof one new section relating to maintenance orders.
Be it enacted by the General Assembly of the state of Missouri, as follows:
Section A. Section 452.335, RSMo, is repealed and one new section enacted in lieu thereof, to be known as section 452.335, to read as follows:
452.335. 1. In a proceeding for nonretroactive invalidity, dissolution of marriage or legal separation, or a proceeding for maintenance following dissolution of the marriage by a court which lacked personal jurisdiction over the absent spouse, the court may grant a maintenance order to either spouse, but only if it finds that the spouse seeking maintenance:
(1) Lacks sufficient property, including marital property apportioned to him or her, to provide for his or her reasonable needs; and
(2) Is unable to support himself or herself through appropriate employment or is the custodian of a child whose condition or circumstances make it appropriate that the custodian not be required to seek employment outside the home.
2. The maintenance order shall be in such amounts and for such periods of time as the court deems just, and after considering all relevant factors including:
(1) The financial resources of the party seeking maintenance, including marital property apportioned to him or her, and his or her ability to meet his or her 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 maintenance 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 or her 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 or her needs while meeting those of the spouse seeking 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 or nonmodifiable. The court may order maintenance which includes a termination date. Unless the maintenance order which includes a termination date is nonmodifiable, the court may order the maintenance decreased, increased, terminated, extended, or otherwise modified based upon a substantial and continuing change of circumstances which occurred prior to the termination date of the original order.
4. In any event, the court shall not award maintenance for a period of time in excess of one hundred twenty months.
5. (1) Upon motion of either party regarding modification or termination of an existing maintenance order entered into prior to August 28, 2014, that has been in effect for less than ninety-six months from the date of the original maintenance order including the months maintenance was paid prior to the final decree, the court shall not award continued maintenance for a period of time in excess of one hundred twenty months from the date the original existing maintenance order was entered including the months maintenance was paid prior to the final decree;
(2) Upon motion of either party regarding modification or termination of an existing maintenance order entered into prior to August 28, 2014, that has been in effect for ninety-six months or more from the date of the original maintenance order including the months maintenance was paid prior to the final decree, the court shall not award continued maintenance for a period of time in excess of twenty-four months from the date the motion for modification or termination is filed.
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