Missouri Court of Appeals, Eastern District / May 28, 2024
Carol Cullen, Respondent/Cross-Appellant, vs. Robert Bernstein, Appellant.
Robert H. Bernstein appealed and Carol A. Cullen cross-appealed from a judgment modifying Bernstein's maintenance obligation from $10,000 to $5,000 per month and ordering Cullen to pay $25,000 of Bernstein's attorney fees. Bernstein sought to terminate or reduce maintenance, alleging substantial changes in Cullen's circumstances, including her failure to seek employment, increased assets, and a relationship substituting for marriage. The appellate court reversed the modification judgment, finding Bernstein failed to meet his statutory burden to prove a substantial and continuing change in circumstances, and reinstated the original $10,000 per month maintenance award.