Hughes v. Hughes

505 S.W.3d 458, 2016 Mo. App. LEXIS 1280, 2016 WL 7324127
CourtMissouri Court of Appeals
DecidedDecember 13, 2016
DocketNo. ED 103535
StatusPublished
Cited by11 cases

This text of 505 S.W.3d 458 (Hughes v. Hughes) is published on Counsel Stack Legal Research, covering Missouri Court of Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Hughes v. Hughes, 505 S.W.3d 458, 2016 Mo. App. LEXIS 1280, 2016 WL 7324127 (Mo. Ct. App. 2016).

Opinions

ROBERT M. CLAYTON III, Presiding Judge

Michael Paul Hughes (“Husband”) appeals the trial court’s judgment dismissing and denying his motion to modify a maintenance obligation to Jillisa Colleen Hughes (“Wife”). We affirm in part and reverse in part.

I. BACKGROUND

Husband and Wife were married on June 20, 1998. After approximately seven years of marriage, Husband petitioned the court to dissolve the marriage and, on June 30, 2006, the parties were divorced, pursuant to a dissolution judgment entered by the Circuit Court of St. Louis County. There were no children born of the marriage.

To facilitate and effectuate their divorce, Husband and Wife entered into a Marital Settlement and Separation Agreement (“MSA”) which, among other things, set forth the terms of maintenance to be awarded to Wife. The MSA and its terms were approved and incorporated into the trial court’s “Dissolution Decree.” Together, the Dissolution Decree and the MSA embody the “Dissolution Judgment.”

Pursuant to the MSA, Husband was ordered, inter alia, to pay Wife $2,500.00 per month in maintenance. In addition, Husband was also ordered to pay Wife $2,000.00 every quarter in maintenance. In relevant part, the MSA stated the following:

7. MAINTENANCE OR ALIMONY
a. Husband shall pay to Wife maintenance in the following amounts:
(1) Two Thousand Five Hundred Dollars ($2,500.00) each month commencing July 8, 2006[;]
(2) Two Thousand Dollars ($2,000.00) every quarter beginning on October 1, 2006[;]
(3) An amount equal to the monthly payment due under U.S. Bank Loan [] (“Car Loan”), which is secured by the automobile awarded to Wife hereunder, and which may be paid directly to U.S. Bank, until the loan is paid in full;
(4) An amount equal to Wife’s COBRA premiums under her current health insurance program until the resolution of Wife’s disability claim referred to in paragraph 7b. If Wife’s COBRA coverage terminates prior to Wife receiving disability, Husband shall purchase a comparable health insurance plan for Wife at his costs as additional maintenance for Wife. Said obligation shall terminate upon Wife’s receipt of health insurance under her disability claim. If Wife is denied disability after the exhaustion of all appeals, Wife is entitled to, this shall be deemed a change in circumstances and ei[461]*461ther party may file a motion to modify to seek a change of this order. However, Husband shall continue to pay health insurance premiums until modified by the Court.
b. Wife agrees to hire the law firm of Stone, Leyton & Gershman, P.C. (“SLG”) to pursue her social security disability claim under the terms of SLG’s standard contingent fee arrangement. Husband’s maintenance obligations hereunder shall be reduced, dollar for dollar, by any monthly disability benefits awarded to Wife. In addition, Wife agrees that any award of back pay shall first be applied to retire the Car Loan, next to the payment of health insurance premiums until depleted.
c. To secure his obligations hereunder, Husband will make wife the beneficiary of his SEP IRA in the amount of $150,000 until her death or remarriage.
d. Husband’s maintenance obligations will terminate upon Wife’s death or remarriage.
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14. The terms of this Agreement shall not be subjected to modification or change regardless of the relative circumstances of the parties, except as specifically provided for in the Agreement.

(emphasis added).

As previously stated, the trial court incorporated the MSA into its Dissolution Decree. Regarding maintenance, the Dissolution Decree ordered:

Maintenance:
[Husband] is ordered to pay [Wife] per month the sum of: $2,500.00 commencing July 8, 2006; $2,000.00 every quarter beginning October 1, 2006; plus additional sums pursuant to the [MSA] marked Exhibit A (Not subject to modification) (Subject to modification),

(strike-out in original).

Thereafter, in 2009, Husband filed a motion to modify the maintenance terms set forth in the Dissolution Judgment. Husband and Wife eventually entered into a consent modification judgment (“Prior Consent Modification”), which was approved and incorporated by the trial court. Under its terms, Husband’s maintenance obligation was reduced and he was ordered, inter alia, to pay Wife $1,958.34 per month. For all other purposes of this appeal, the Prior Consent Modification furnished no other adjustments, amendments, or modifications to the Dissolution Judgment. The Prior Consent Modification provided no analysis on the question of modifi-ability of the maintenance obligation.

In 2010, Wife began a romantic relationship with David Lewis (“Lewis”). In 2012, Wife moved into Lewis’ house in Chesterfield, where she has since continuously resided. There is no dispute Wife and Lewis are currently, and desire to remain, in a committed, romantic relationship, yet there exists no evidence Wife and Lewis intend to marry.

Relying in significant part upon Wife’s cohabitation with Lewis, Husband filed a second motion to modify (“Motion to Modify”) in May 2014. In response thereto, Wife filed a motion for contempt (“Motion for Contempt”), requesting the trial court to set aside the Prior Consent Modification and order Husband to satisfy purported past due maintenance obligations. In addition, Wife filed an answer and motion to dismiss Husband’s Motion to Modify (“Motion to Dismiss”), arguing, in part, that the MSA prohibited any modification of the maintenance awarded in the Dissolution Judgment. Neither party requested any specific findings of fact and conclusions of law.

[462]*462Following a bench trial on Husband and Wife’s respective motions, the trial court entered a judgment granting Wife’s Motion to Dismiss, denying Husband’s Motion to Modify, and denying Wife’s Motion for Contempt. The trial court focused its conclusion upon paragraph 14 of the MSA, finding:

The [MSA] clearly states that the “terms of this Agreement shall not be subjected to modification or change, regardless of the relative circumstances of the parties, except as specifically provided.for in the Agreement.” [Husband] has not offered any evidence or argued that his Motion [to Modify] is based upon any condition “specifically provided for” in the [MSA], and accordingly his motion fails.

The trial court’s judgment does not contain any reference as to the consequence of the Prior Consent Modification. Husband now appeals.

II. DISCUSSION

Husband raises three points on appeal. In his first point, Husband argues the trial court erred in dismissing his Motion to Modify upon finding that the maintenance award was not modifiable.1 In Husband’s second and third points on appeal, he argues the trial court erred in finding Wife’s relationship and cohabitation with Lewis neither terminated Husband’s maintenance obligation nor constituted a substantial and continuing change in circumstances sufficient to warrant modification.

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Cite This Page — Counsel Stack

Bluebook (online)
505 S.W.3d 458, 2016 Mo. App. LEXIS 1280, 2016 WL 7324127, Counsel Stack Legal Research, https://law.counselstack.com/opinion/hughes-v-hughes-moctapp-2016.