Goins v. Goins

The marriage of Husband and Wife was dissolved in 2003. In 2005 and 2006, the trial court reduced Husband's child support obligations and made no change to his maintenance obligation. While Husband's second appeal was pending, Wife filed a motion for attorney's fees on appeal. The trial court ordered Husband to pay $7,500 of Wife's attorney fees on appeal. The Supreme Court affirmed, holding (1) Mo. Rev. Stat. 452.355, which grants the circuit court subject matter jurisdiction to enter an award of attorney fees on appeal while the appeal is pending, is not unconstitutional; (2) section 452.355 is not unconstitutionally vague because it provides sufficient guidance so as to allow a person of ordinary intelligence to understand the standards to be applied by the circuit court in making an award of attorney fees; and (3) the trial court did not abuse its discretion in awarding Wife attorney's fees on appeal. View "Goins v. Goins" on Justia Law