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Laughlin v. Moore

Court of Appeals of Missouri, Southern District, First Division

June 30, 2014

LINDA LOU LAUGHLIN, Petitioner-Appellant,
v.
RANDY ALLEN MOORE, Respondent-Respondent

APPEAL FROM THE CIRCUIT COURT OF NEWTON COUNTY. Honorable Gregory Stremel, Associate Circuit Judge.

REVERSED.

For Appellant: Richard L. Schnake, Bryan D. Fisher.

For Respondent: W. Henry Johnson.

Nancy Steffen Rahmeyer, P.J. -- Opinion Author. Gary W. Lynch, J. -- Concurs. William W. Francis, Jr., C.J. -- Concurs.

OPINION

Nancy Steffen Rahmeyer, P.J.

Page 119

REVERSED

Linda Lou Laughlin (" Wife" ) and Randy Allen Moore (" Husband" ) entered into a Marital Settlement Agreement (" the Agreement" ) on June 27, 2006, in the state of Connecticut. The settlement specifically provided that either party had the right to submit the Agreement to any court having jurisdiction of a dissolution of marriage for approval and for incorporation of the substantive provisions in any decree of dissolution of marriage entered by a court; however, the Agreement further provided:

The parties agree, however, that in any such action neither will ask for any different or greater rights than those specified herein, and that they will abide with and be bound by the provisions of this Agreement, whether or not incorporated in any such Decree, it being the intention of the parties hereto that this Agreement is absolute, unconditional and, except by mutual consent of the parties hereto, irrevocable, and such Agreement shall not merge in any Decree but shall in all respects survive the same.

The parties further agreed that any modification or waiver of any of the provisions of the Agreement " shall be effective only if made in writing and executed with the same formality as this Agreement." The specific provision at issue in this case is under Article II, Alimony. Husband was to pay Wife $5,250.00 per month ($2,423.06 biweekly) for fourteen years (364 payments), which payments were to commence on July 10, 2006. As additional alimony, Husband was to pay Wife 25% of his gross bonuses within 30 days of receipt. Paragraph 2.3 of Article II further stated:

All alimony payments set forth above in Paragraph 2.1 and 2.2 shall be non-modifiable as to term and shall terminate only upon the death of either party or on June 27, 2020, whichever sooner occurs. Said alimony shall terminate earlier upon the Wife's remarriage. In the event of the Wife's cohabitation, the provisions of CGS Sec. 46b-86(b) shall apply to the alimony payments.

Page 120

On July 7, 2011, Wife filed a Petition for Uniform Registration of [the Agreement] and a Motion to Modify, specifically claiming that Husband had not been providing proof of any bonuses. She further claimed that her income had decreased, that Husband had not provided proof of his insurance and retirement, and requested an accounting of his ...


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