Contractual Maintenance

Contractual Maintenance

What is Contractual / Rehabilitative Spousal Support?

Spousal maintenance cases can sometimes be quite contentious.  In some cases, one party might feel as if they cannot meet their reasonable needs without spousal support (formerly known as alimony).  But the other party to the marriage might feel as if they cannot afford to assist while meeting their own needs.  Alternatively, a party might believe that their spouse, or ex-spouse, is capable of gainful employment if they sought opportunities.

In many instances, this can result in parties going to trial to determine whether maintenance will be ordered.  In a state like Missouri, this can be quite a risky proposition.  In these cases, the court is usually left with the option of (a) ordering modifiable maintenance indefinitely until a change of circumstances of a substantial and continuing change or remarriage, death or cohabitation (in some instances); or (b) ordering no maintenance.

Some states give the court the ability to order maintenance for a set term.  But this is rare in a state like Missouri as an example.  Courts generally cannot order an ending date for maintenance unless they can point to a set date where there is no longer a need.  Instead, it continues into the future indefinitely unless the court modifies it or terminates it later.

Contractual Maintenance Can Be A Middle Road

When spousal maintenance cases are adversarial, parties sometimes look for a common sense, middle road.  This option is not mutually beneficial in every case.  But in some cases, parties might consider the option of contractual maintenance.

Contractual maintenance is where parties agree through settlement that maintenance is going to be paid for a set time duration.  This means that they stipulate that maintenance will be paid for a set number of months or years.  Afterwards, the maintenance obligation automatically terminates without the parties having to appear back in court.

This can cause many parties to reach a middle ground that keeps them out of a costly trial where a judge has to make a determination.  It can also help parties save money on costly appeals or motions to modify — which often happens in contested maintenance cases.  Courts sometimes refer to contractual maintenance as “rehabilitative maintenance.”

In some cases, party receiving contractual maintenance can also sometimes receive a disproportionate share of the assets in exchange for agreeing to contractual/rehabilitative maintenance.  This is not always the case, but it is something to consider for parties in certain cases.

Do You Need Help With a Maintenance Case In Missouri, Illinois, Kansas, or Oklahoma in St. Louis, Kansas City, Columbia, Springfield, Tulsa, Wichita or Beyond?

If you need help with a maintenance case, and/or want to find out more about contractual/rehabilitative  maintenance, you can contact Stange Law Firm, PC online or at 855-805-0595.


Helpful Information On Child Support Matters

On our webpage, we also have pages on various other topics involving support that might be helpful to you, including the pages below and those on our menu:
Missouri child support calculator
If you are looking for a child support estimate in Missouri, we have a sample Form 14 on our webpage that can help give you a general idea in terms of child support numbers for your case.
Illinois child support calculator
If you are interested in obtaining a child support estimate in Illinois, on our webpage, we have a sample Illinois child support calculator. This might be helpful in terms of giving you a general idea of child support in your case.
Kansas child support chart
If you are interested in obtaining a child support estimate in Kansas, we have a simple chart on our webpage. This might be helpful in giving an approximation.
Oklahoma child support chart
If you are interested in obtaining a child support estimate in Oklahoma, we have a simple chart on our webpage. This might be helpful in giving an approximation.
Informational support videos
We have information child support videos from some live seminars that we have hosted on our webpage that you can view.
Child support emancipation
If you are interested in know how child support emancipation works, we have information on our webpage that you can view.
College education and child support
The cost of college and university education can be an important component of child support in divorce and custody cases. Our lawyers can assist if the cost of education is an issue in your case.
Modification of child support
In some cases, the court has issued a child support order. After the passage of time, it might be important to seek a modification where there have been changed circumstances of a substantial and continuing basis. You can discuss this with our lawyers if you think a modification might be appropriate in your case.
Modification of spousal support (alimony/maintenance)
Spousal maintenance can be ordered at the conclusion of a divorce. In some cases, the parties might need to seek a modification and/or termination of a maintenance order. Our lawyers can assist in many instances.
Daycare and child support
In divorce and custody cases where there are young children, the cost of daycare or childcare can be an important issue. Our lawyers can help you work through these issues.
Dependency exemptions
The dependency exemptions can be important for many divorcing parties or unmarried couples. Our lawyers can represent you in these circumstances.
Division of Child Support Enforcement
Many child support matters end up being addressed through state administrative agencies. Our lawyers can help represent you before state child support agencies.
Wage withholding orders and garnishments
In some cases, child support can be paid either through a wage withholding order or garnishment. Our lawyers can help you navigate the process.
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Serving the St. Louis Metropolitan Area, Kansas City, Columbia, Springfield, Wichita, Topeka, Tulsa and Beyond in Missouri, Illinois, Kansas and Oklahoma

From our webpage, you can also read articles about family law, view informational videos, seminar videos, listen to our podcast, download our mobile application or view support calculators for MissouriIllinois and Kansas.

If you are looking to find and hire a child custody lawyer, contact us online or by phone to schedule a consultation at any of our convenient locations.


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