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Maddick v. Deshon

Court of Appeals of Missouri
296 S.W.3d 519 (2009)


Facts

Joseph Maddick (plaintiff) and Roberta DeShon (defendant) were married for 20 years. The couple divorced, and Joseph was ordered to pay Roberta $500 per month in periodic, modifiable maintenance. One year later, the parties reached a stipulation providing that Joseph would pay Roberta $750 per month for seven years. The parties agreed that the award was non-modifiable and would terminate only upon the Joseph’s death. Three years later, Roberta remarried. A Missouri statute provided that a spousal-maintenance award would terminate upon the remarriage of the recipient. Joseph petitioned the court for modification, alleging that Roberta's remarriage was a change of circumstances. The trial court agreed and terminated maintenance. Roberta appealed.

Rule of Law

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Issue

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Holding and Reasoning (Alok Ahuja, J.)

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  • A "yes" or "no" answer to the question framed in the issue section;
  • A summary of the majority or plurality opinion, using the CREAC method; and
  • The procedural disposition (e.g. reversed and remanded, affirmed, etc.).

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