Bray v. Bray

950 S.W.2d 249, 1997 Mo. App. LEXIS 1243, 1997 WL 369717
CourtMissouri Court of Appeals
DecidedJuly 8, 1997
DocketNos. 70425, 70479
StatusPublished

This text of 950 S.W.2d 249 (Bray v. Bray) is published on Counsel Stack Legal Research, covering Missouri Court of Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Bray v. Bray, 950 S.W.2d 249, 1997 Mo. App. LEXIS 1243, 1997 WL 369717 (Mo. Ct. App. 1997).

Opinion

GRIMM, Judge.

In this dissolution action, both parties appeal. Wife raises three points. She alleges the trial court erred in (1) failing to award her attorney fees, (2) awarding her only $300 per month maintenance, and (3) dividing the marital property and ordering her to pay her credit card debts.

Husband also raises three points. He alleges the trial court erred in (1) exercising jurisdiction over him because he was never properly served, (2) awarding wife maintenance, and (3) its division of marital property. We affirm with a modification agreed to by the parties.

I. Background

Husband and wife married in California in 1958 and lived there for the next 25 years. Three daughters were born of this marriage, all of whom are now emancipated.

In 1980, criminal charges were filed against husband for molesting their middle child. He was placed on five years probation. In order for wife to retain custody of the children, husband and wife separated for two years.

In August 1983, husband came to Missouri and purchased a house and a real estate business. He then had wife and the two younger daughters move to Missouri in December 1983. Husband joined them in June 1984 and lived here until August 1986. At that time, husband returned to California to foreclose on a piece of property. He continues to live there, returning to Missouri only for visits.

During the marriage, husband worked various jobs. At the time of trial, he worked as a lead maintenance mechanic and earned over $600 net per week. At husband’s request, wife did not work outside the home before coming to Missouri.

Wife was born in 1939, has a high school education, and has a real estate broker’s license. She worked in real estate for five years until she closed her company in 1989 because it was not financially successful.

Apparently from 1990 to 1995, wife did not have employment. Her only income was from rental property that the parties owned. Husband did not furnish her any additional financial support. However, in December 1990, husband paid $8,000 of wife’s credit card charges.

In the early 1990’s, she incurred her current credit card debts of about $8,000 because she did not have enough money to live on. In May 1995, wife obtained part-time work at a video store, earning approximately $250 per month.

Wife filed her petition in February 1993. On December 2, 1993, the trial court entered a PDL order directing husband to pay $600 per month as temporary maintenance. The trial court conducted the dissolution hearing on September 20,1995.

In its judgment, the trial court awarded wife $300 per month maintenance. It assigned her the credit card debts and automobile debt totaling about $13,000 and directed that she hold husband harmless. Although the trial court did not assign values to the marital property, evidence presented at trial indicates wife was awarded approximately $239,000 in property.

The trial court awarded husband approximately $193,000 in property, not including machine tools that he owned. Husband estimated the tools were worth $100,000, but later said that he “boasted on the value.” He stated that he no longer has immediate access to them due to a legal dispute. Wife said she had no idea as to their value. The trial court did not assign a value to them.

[252]*252The trial court ordered husband to pay all federal and state income tax liabilities the couple had incurred through 1994. Each party was ordered to pay their own attorney fees.

II. Wife’s Appeal

A. Attorney Fees

In her first point, wife alleges the trial court erred in failing to award her attorney fees. She contends that husband is “financially able to pay, [she] is not capable of self-support.” Among other things, she argues that husband’s dilatory actions caused her to incur additional fees.

As a general rule, parties to a dissolution are to pay their own attorney fees. L.A.L. v. L.L., 904 S.W.2d 50, 55 (Mo.App. E.D.1995). This court will overturn the trial court’s order only if it is shown that the trial court abused its discretion in refusing to order one party to pay the attorney fees of the other party. Id. To show this abuse of discretion, the complaining party must show that the order for attorney fees is clearly against the logic of the circumstances and is so arbitrary and unreasonable as to shock one’s sense of justice and to indicate a lack of deliberation. Id.

As of the day of trial, wife had incurred approximately $7,500 in attorney fees. The trial court awarded her approximately $239,000 of property. After she paid her other debts of about $13,000, she still would have $226,000 of property. We recognize that husband’s income potential is greater than wife’s. However, he was apparently awarded less property.

The award of a substantial amount of property to wife is sufficient to find the trial court did not abuse its discretion in ordering wife to pay her own attorney fees. Point denied.

B. Maintenance

For her second point, wife alleges the trial court erred in awarding her only $300 per month maintenance. She contends this inadequate award will require her to consume her marital property for living expenses. She asks that we increase the award to $1,000 per month.

On her statement of income and expenses, wife reported monthly expenses of $1,138.50, including her credit card payments. She earns $250 per month, and will receive $775 monthly from rent or payments on loans the trial court awarded her. The award of $300 monthly maintenance provides her with sufficient income to meet the needs she expressed. Point denied.

C.Marital Assets

For her third point, wife alleges the trial court erred in dividing the marital assets and in ordering her to assume and pay her credit card debts. She contends the result is a “disproportionate allocation of marital property.”

The trial court is vested with considerable discretion in dividing the marital property. Woolsey v. Woolsey, 904 S.W.2d 95, 100 (Mo.App. E.D.1995). We will interfere only if the division is so heavily and unduly weighted in favor of one party as to amount to an abuse of discretion. Id.

The trial court awarded wife approximately $239,000 in assets. She has debts amounting to approximately $20,000, including attorney fees. Thus, wife received a net distribution of approximately $219,000.

The trial court awarded husband approximately $193,000, plus the value of his tools. He was ordered to assume the couple’s tax liability and pay his attorney fees. Neither the amount of the tax liability nor the attorney fees is disclosed in the record.

Wife has not demonstrated that the trial court abused its discretion in its division of the marital property. Point denied.

III. Husband’s Appeal

A. Jurisdiction

For his first point, husband alleges the trial court erred in “exercising jurisdiction over [him], overruling [his] motion to quash, and entering its judgment.” He primarily contends that he was not properly served.

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Related

Woolsey v. Woolsey
904 S.W.2d 95 (Missouri Court of Appeals, 1995)
Glaze v. Glaze
311 S.W.2d 575 (Missouri Court of Appeals, 1958)
In re the Marriage of Morris
726 S.W.2d 505 (Missouri Court of Appeals, 1987)
State ex rel. Tinnon v. Mueller
846 S.W.2d 752 (Missouri Court of Appeals, 1993)
L.A.L. v. L.L.
904 S.W.2d 50 (Missouri Court of Appeals, 1995)

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Bluebook (online)
950 S.W.2d 249, 1997 Mo. App. LEXIS 1243, 1997 WL 369717, Counsel Stack Legal Research, https://law.counselstack.com/opinion/bray-v-bray-moctapp-1997.