Green v. Green
341 S.W.3d 893
Mo. Ct. App.2011Background
- The Amended Judgment dissolution awarded Randy and Diane; the marital home must be sold and Randy pays the mortgage until sale, Diane may live rent-free during that period.
- Upon sale, Diane must pay rent; the court imputes $725 housing expense to her and finds she cannot meet reasonable needs unless maintenance is paid.
- Randy’s housing costs will drop to $725 after sale, enabling him to meet his reasonable needs and provide maintenance to Diane.
- The court awards Diane $400 per month maintenance commencing after the marital home is sold.
- Randy does not challenge the factual findings; his challenge is purely legal regarding the timing of maintenance.
- Randy appeals arguing Chapter 452 does not permit a future-commencing maintenance award where there is no present basis.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| May maintenance commence in the future? | Green argues no future maintenance award permitted by §452.335. | Green contends the award is permissible based on anticipated changes in finances at sale. | Yes; future-commencing maintenance is permissible with substantial evidence of impending change. |
Key Cases Cited
- Souci v. Souci, 284 S.W.3d 749 (Mo.App. S.D. 2009) (maintenance duration and future changes require substantial evidence)
- Craig-Garner v. Garner, 77 S.W.3d 34 (Mo.App. E.D. 2002) (supports prospective maintenance adjustments on impending changes)
- Brock v. Brock, 936 S.W.2d 882 (Mo.App. E.D. 1997) (recognizes situations allowing consideration of future financial change)
- Farley v. Farley, 51 S.W.3d 159 (Mo.App. S.D. 2001) (retention of jurisdiction over maintenance limited to future-change evidence)
- Bushhammer v. Bushhammer, 816 S.W.2d 271 (Mo.App. W.D. 1991) (retention of maintenance jurisdiction upheld when future need may arise)
- Graves v. Graves, 967 S.W.2d 632 (Mo.App. W.D. 1998) (future income insufficiency may justify maintenance when future changes are likely)
- In re Marriage of Hall, 801 S.W.2d 471 (Mo.App. S.D. 1990) (exception to rule against future maintenance when circumstances will change)
- Runez v. Runez, 666 S.W.2d 430 (Mo.App. S.D. 1983) (evidence of likely future change supports maintenance decisions)
- Givens v. Givens, 599 S.W.2d 204 (Mo.App. E.D. 1980) (limits on trial court retention of jurisdiction over maintenance)
- Abney v. Abney, 575 S.W.2d 842 (Mo.App. 1978) (mere guesswork cannot justify retention; need evidence of future inability)