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support-based and consequently would end upon the death of the
payee spouse.” Altmann v. United States, 2002-1 89 AFTR 2d 2002-
485, at 2002-489, USTC par. 50,275, at 83,613. In fact, the
obligation to provide maintenance specifically terminates upon
the death of either party. See Mo. Ann. Stat. sec. 452.370.3 .
The obligation to pay child support also is subject to specific
termination provisions. See, e.g., Mo. Ann. Stat. sec. 452.340.3
(West 2003) (obligation to pay child support terminates when
child dies or marries, etc.). In contrast, there is no statutory
termination rule for an award of attorney’s fees, suggesting that
such an award would not terminate upon the death of either
spouse. Caselaw also suggests that attorney’s fee awards would
not terminate upon the death of either spouse as such awards are
enforceable directly by the attorney.
In Minor v. Minor, 901 S.W.2d 163 (Mo. Ct. App. 1995), an
attorney sought reversal of a lower court decision dismissing a
contempt suit against a husband who did not pay attorney’s fees
as ordered in a dissolution proceeding. The Missouri Court of
Appeals held that a contempt action by the attorney against the
nonpaying husband was entirely appropriate. According to Minor
and similarly decided caselaw, because the award of attorney’s
fees is an independent judgment, the attorney may bring a
contempt proceeding if the judgment is not satisfied; there is
nothing in the Missouri statutes or caselaw to suggest that this
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