Domestic Relations : Maintenance –  Motion To Modify –  Attorney’s Fees

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(1)Where a stroke left respondent permanently disabled and unable to work, resulting in a significantly reduced income that did not allow him to meet his own reasonable needs and make monthly maintenance payments of $15,000, the trial court did not err in denying the ex-wife’s motion to dismiss, and the grant of the respondent’s motion to modify maintenance was proper since he showed a substantial and continuing change in circumstances making the prior order unreasonable.

(2)Where a wife who challenged a motion to modify maintenance argued that the trial court erred in failing to award her attorney’s fees, the judgment is affirmed because the court properly considered the financial resources of both parties to conclude that each had the ability to pay their respective fees, although the court awarded $4,000 to the wife since she had to file a series of garnishments to collect maintenance owed during the pendency of the case.

Judgment is affirmed.

Serot v. Serot (MLW No. 71104/Case No. ED104502 – 14 pages) (Missouri Court of Appeals, Eastern District, Gaertner Jr., J.) Appealed from circuit court, St. Louis County, Donnelly, J. (Theodore S. Schechter and Ajla Alunovic for appellant) (Ann E. Bauer, Alan N. Zvibleman and Allison R. Gerli for respondent) (Gary R. Sarachan for third-party respondent).

Read the full text of this opinion. (PDF)