Saturday, March 24, 2007

Ex-wife tries to kill ex husband but keeps her maintenance

Sometimes these things cannot be made up. The Missouri Supreme Court ruled that non-modification clause in a divorce decree meant just what it said - even if one party tried to get the other killed. So the ex-wife continues to collect her $2,425.00 per month. Here is my favorite line from the opinion:

Killing Joseph might have resulted in the termination of Ida's ability to collect maintenance, but her alleged acts do not establish a clear and unequivocal attempt to relinquish her contractual right to maintenance so long as Joseph is living.
I got to admit that I got a few chuckles out of this. No wonder people wonder about us attorneys. Thanks to The Family Law Prof blog for posting on this.

I must say that I think that a similar result would probably occur here in Indiana. A voluntary maintenance agreement can only be modified by joint agreement (See In Re Marriage of Snow which is in PDF format). I do not see a former spouse who acted liked the Missouri ex-wife would agreement to a modification.

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