Missouri Spousal Support Estimation

Summary

In Missouri, spousal support is determined by factors like marriage length, health, and income. For a 24-year marriage with health issues, support could be 20-30% of the husbands income. The wifes health and lack of income may lead to higher support. Courts consider gross income, including bonuses, and may average bonuses over years. Separate property like a Texas land may have minor impact. Vehicles are marital property, and the court may allocate support for transportation needs. Imputed income is less likely due to health issues. Duration of support could range from several years to permanent, depending on the judges discretion.

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A rural Missouri couple, *, has been married 24 years. Wife is a housewife. She's worked a few sporadic PT minimum wage jobs and, most recently, full time at $*/hr. After * yr, the husband insisted she quit. She has CFS, recently underwent L3-S1 spine fusion, and is awaiting C5-C7 fusion. Husband wants to divorce. He makes about $135k/yr plus an annual bonus. Would the wife be imputed income? What would you anticipate spousal support would be, if any, is no amount and duration?
In Missouri, courts consider various factors when determining spousal support (maintenance), including:
- Length of the marriage (24 years in your case)
- Financial resources of the spouse seeking maintenance
- Time needed to acquire education or training for employment
- Age, physical, and emotional condition of the spouse seeking maintenance
- Ability of the paying spouse to meet their own needs while paying support
Given the wife's health issues and long marriage duration, she may be awarded spousal support. The amount and duration can vary, often depending on the judge's discretion.
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In a rural Missouri court, specifically Washington or St. Francois county, what would be a good estimate?
In a rural Missouri court, spousal support (maintenance) amounts and durations can vary. However, given the length of the marriage (24 years), the wife's limited earning capacity, and her health issues, she could potentially receive substantial support. It is common for long-term marriages to result in longer support durations, potentially even permanent maintenance. For a more precise estimate, considering local court tendencies, consulting a local lawyer would be advisable.
Would you like assistance connecting with a local lawyer who can provide a more tailored estimate?
No, I'd like for you to analyze the information and give an estimate.
In rural Missouri courts like Washington or St. Francois county, spousal support for a long-term marriage (24 years) where the wife has limited earning capacity and significant health issues could potentially be substantial. Given the husband's income ($135k/year plus bonus), support could be around *-*% of his income, potentially higher. Duration could range from several years to permanent support, depending on the judge's discretion.
In Missouri, is support based on gross or net income?
Case Rating: *
In Missouri, child support is based on the paying parent's gross income, while spousal support (maintenance) is typically determined by looking at both parties' gross incomes and their respective financial needs and resources.
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The husband has no child support or extenuating costs. Just typical rent, auto payment, credit card, utilities, etc. Wife has no income and also normal expenses plus expensive medical bills. Would this circumstance mean more towards * or *%?
Case Rating: *
Given the details provided, the wife's lack of income, medical bills, and typical expenses, combined with the husband's substantial income, could lean more toward the higher end of spousal support. This could mean closer to *% of his income.
Would you like to know more about how Missouri courts might handle spousal support in your specific situation?
There is a property in Texas worth about $50k. It is land with a condemned mobile home on it. If this property is determined to be the wife's separate property, would that effect the spousal support and, if so, by about how much?
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If the property in Texas is determined to be the wife's separate property, it might have a minor impact on the spousal support calculation. Missouri courts consider all financial resources of both parties. However, given the property's condition and value, it is unlikely to significantly reduce the spousal support she would receive.
Would you like more information on how Missouri courts evaluate separate property in spousal support cases?
The couple has two cars - * Mazda & * Tacoma. The Mazda is primarily driven by the wife. Both cars are solely in the husband's name. How will this come into play?
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In Missouri, during a divorce, all marital property, including vehicles, is subject to equitable distribution. Since the cars are in the husband's name but used by both parties, they could be considered marital property. The distribution will depend on various factors, including the financial situation and needs of both parties.
Would you like more information on how Missouri courts handle the division of marital property in divorce cases?
If the wife is unable to take on the auto loan - she would not qualify to take on the $*/no payment without substantial income, of which she has none, what would likely happen?
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Given the wife's lack of income and inability to assume the auto loan, the court might:
- Award the vehicle to the husband while ensuring the wife receives other assets or support to balance the division.
- Allocate spousal support to cover her transportation needs.
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How would the husband's annual bonus come in to play, considering it varies?
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In Missouri, spousal support is generally based on the paying spouse's gross income, including bonuses. The court may average the bonus over several years to determine a fair amount. This helps ensure that fluctuations in the bonus don't cause significant variations in support payments.
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Is it likely the court will imputed Inc me up n the wife and, if so, how might that effect support?
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In Missouri, courts may impute income to a spouse if they believe that spouse is capable of earning more than they currently do. Given the wife's medical conditions and limited work history, it's less likely the court will impute a substantial income to her. However, if they do, it could reduce the amount of spousal support slightly.
Would you like to know more about how Missouri courts handle imputed income in spousal support cases?
Given all of the above information, re-evaluate the expected spousal support, please.
Case Rating: *
Based on the detailed information provided, here is a re-evaluation of the expected spousal support:
- Marriage Duration: 24 years
- Wife's Employment History: Sporadic part-time jobs, recent full-time at $*/hr, now unemployed due to health issues
- Wife's Health: Chronic Fatigue Syndrome, recent spine fusion, upcoming surgery
- Husband's Income: $135k/year plus annual bonus
- Court's Considerations:
- Length of marriage
- Wife's health and limited earning capacity
- Husband's ability to pay
- Financial resources and needs of both parties
Given these factors, the spousal support could be closer to *% of the husband's income, potentially higher due to the wife's significant health issues and lack of income. Duration could range from several years to permanent support, depending on the judge's discretion.
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