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MO HB877
Bill
Status
2/10/2015
Primary Sponsor
Nathan Beard
Click for details
AI Summary
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Amends Missouri Section 452.335 governing spousal maintenance (alimony) orders in divorce and legal separation proceedings
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Creates a rebuttable presumption that circumstances have substantially changed when a spouse receiving maintenance cohabits with a person of the opposite sex
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The presumption makes the original maintenance decree terms "unreasonable," allowing the paying spouse to seek modification
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Cohabitation with an opposite-sex partner shifts the burden of proof to the maintenance recipient to justify continuing payments at the current level
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Existing law already allows courts to modify maintenance based on "substantial and continuing change of circumstances"; this bill specifies cohabitation as automatic grounds for presuming such a change
Legislative Description
Specifies that there must be a rebuttable presumption of a need to decrease a spousal maintenance order if the spouse receiving maintenance is cohabiting with a person of the opposite sex
Last Action
Referred: Select Committee on Judiciary(H)
4/29/2015