Section 7.9 Enforcement

• Library: Family Law Deskbook and 2014 Supp

F. (§7.9) Enforcement

Once incorporated into the judgment, a separation agreement is “enforceable by all remedies available for the enforcement of a judgment,” including contempt. Section 452.325.5, RSMo 2000. Usually, a party requiring enforcement will file a motion for contempt or a motion to “enforce” or “construe” the agreement. See Chapter 24 of this deskbook.

Enforcing a separation agreement may involve the issue of whether the terms are definite enough to be enforced without regard to extrinsic evidence. Most of the appellate cases discussing this issue deal with periodic liabilities such as maintenance and child support. Although child support issues are now addressed in parenting plans, the principles discussed in these cases are applicable to most types of defined liability. Traditionally, if a judgment required resort to extrinsic evidence to calculate the liability, it was unenforceable. This concept is, of course, often unworkable for many obligations created in separation agreements and then incorporated into judgments. After several appellate cases had weakened the concept, the Supreme Court of Missouri, in Lay v. Lay, 912 S.W.2d 466 (Mo. banc 1995), basically put this defense to rest. Lay dealt specifically with whether an obligation to pay “medical, dental and hospital expenses” was definite enough to be enforced. The rule from Lay, however, may be applied when enforcing any obligation contained in a separation agreement: “So long as the provision contains criteria from which the court, upon a hearing, can determine without difficulty the obligations of the respective parties, the provision is enforceable.” Id. at 469. In discussing the term “medical expenses,” the Court reviewed meanings defined in Webster’s Third New International Dictionary 1402 (1966), and the Internal Revenue Code. In a utilitarian manner, the Court further held, “This Court is confident, however, that everyday usage of the term [medical expense]...