Section 14.15 Distribution Orders by Court

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IX. (§14.15) Distribution Orders by Court

Under the provisions of § 537.095.4, RSMo 2000, the court shall order the claimant:

· "To collect and receipt for the payment of the judgment";

· "To deduct and pay the expenses of recovery" and the "attorneys’ fees as contracted" (when a party sharing in the proceeds has no attorney, the court may award the attorney representing others a fee from them as the court deems fair);

· "To acknowledge satisfaction in whole or in part";

· "To distribute the net proceeds as ordered by the court; and"

· To report and account to the court, and, in the court’s discretion, to post bond for collection and distribution.

Banner ex rel. Bolduc v. Owsley, 305 S.W.3d 498 (Mo. App. S.D. 2010), provides guidance on the factors that can and should be considered by the trial court during a contested distribution hearing. In Banner, the Southern District of the Court of Appeals apportioned settlement proceeds by awarding 50% to the wife, 25% to the daughter, 10% to the mother, and 5% percent to the son. On appeal, the Southern District held that:

· the trial court misapplied the law when it failed to consider the $351,000 in life...