Section 26.21 Decree Silent as to Maintenance

• Library: Family Law Deskbook and 2014 Supp

D. (§26.21) Decree Silent as to Maintenance

Courts have repeatedly held that if a decree is silent as to maintenance, it cannot be modified, even if there is no change of circumstances of the parties. See Bernstein v. Bernstein, 351 S.W.2d 46 (Mo. App. W.D. 1961).

Courts are also faced with the challenge of modification of a decree when the parties agreed to a nominal fee in maintenance. In Geil v. Geil, 647 S.W.2d 161 (Mo. App. E.D. 1983), the court held that it is not necessary for it to award a nominal...