Susan Joseph, f/k/a Susan Schrauth v. Eric Schrauth

St. Louis, Missouri family law lawyers represented the parties in a divorce case.





Eric Schrauth ("Eric”), the former spouse of Susan Schrauth (n/k/a Susan Joseph) ("Susan”),

appeals from the judgment of the Circuit Court of St. Louis County, which granted Susan's

motion to dismiss Eric's motion to modify the parties' negotiated divorce decree. Eric's motion

to modify had requested, inter alia, that the circuit court terminate his current $1,000 monthly

maintenance obligation to Susan based on a purported "substantial and sustained” change in her

circumstances. In his sole point on appeal, Eric argues that the circuit court erred in granting

Susan's motion to dismiss because the divorce decree was ambiguous as written; furthermore,

the applicable maintenance statute—§ 452.335, RSMo—requires that a spousal maintenance

obligation be deemed modifiable absent a specific provision that it is non-modifiable, which he

argues is not included in the parties' divorce decree with respect to his current $1,000 monthly

maintenance obligation.

The Motion Judgment is affirmed.