Domestic Relations: Maintenance-Motion To Terminate-Remarriage

Where husband challenged the denial of his motion seeking to terminate maintenance payments to his ex-wife, the husband waived his right to appeal some voluntarily made payments, but the trial court misapplied the law when it found that the property settlement agreement implicitly excluded remarriage as a maintenance-terminating event, and the statutory presumption that the wife’s remarriage terminated the maintenance obligation was controlling, so the husband had no obligation to make any additional maintenance payments after the remarriage.

Judgment is reversed and remanded with directions.

Campbell v. Campbell (MLW No. 79940/Case No. SD37620 – 7 pages) (Missouri Court of Appeals, Southern District, Borthwick, J.) Appealed from circuit court, New Madrid County, Reeves, J. (John Christian Steffens, Cape Girardeau; Scott Travis Horman, Benton; and Gretta Darby Goodin Rolwing, Cape Girardeau, for appellant) (Cameron B. Parker, Malden, for respondent).