Missouri Court of Appeals, Eastern District / Apr 23, 2024
Mary Susan McCay, Personal Representative for the Estate of David V. McCay, Respondent, v. Kathleen P. McCay, Appellant.
Kathleen McCay appealed the dismissal of her motion to cite her deceased former spouse, David McCay, for contempt for failing to pay her proportionate share of retirement benefits as mandated by their dissolution judgment. The trial court dismissed the motion, finding it barred by the 1999 version of Section 516.350's statute of limitations. The appellate court reversed, holding that the 2001 amendment to Section 516.350, which changed the presumption of payment for periodic employee benefits, applied retroactively because the original 10-year limitations period had not expired when the amendment took effect, thus not affecting any vested substantive rights.