- 11 - and, because petitioner did not appeal the award, the order was enforceable in its own right. “An order to pay attorney’s fees is * * * more than a judgement for money; it is a personal order to the spouse.” Minor v. Minor, supra at 165-166. Because the order to pay Mr. Dubin was a personal order to petitioner, even if Ms. Devers had predeceased payment, the order would still have been valid, petitioner’s obligation to pay $5,000 would have survived, and Mr. Dubin would have had his own cause of action to collect directly from petitioner. The fact that the case giving rise to the PDL in discussion did not result in a final dissolution of the marriage is irrelevant for the inquiry at hand. 3. Conclusion Although the Supreme Court of Missouri has not addressed the narrow legal issue presented in the instant case, the State’s statutory scheme of the child support, maintenance, and attorney fee provisions, as well as relevant caselaw, suggests that petitioner’s obligation to Mr. Dubin would not have terminated had Ms. Devers died before satisfaction of the obligation whether or not the PDL was ever followed by a Final Order and Decree of Dissolution. For that reason, and after considering all of the facts and circumstances, we hold that petitioner’s deduction of the $5,000 paid to Mr. Dubin was improper as it did not meet the definition of “alimony” under section 71(b)(D).Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 Next
Last modified: May 25, 2011