Fiorani v. Fiorani

720 S.W.2d 438, 1986 Mo. App. LEXIS 5034
CourtMissouri Court of Appeals
DecidedDecember 2, 1986
DocketNo. WD 37894
StatusPublished
Cited by5 cases

This text of 720 S.W.2d 438 (Fiorani v. Fiorani) 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
Fiorani v. Fiorani, 720 S.W.2d 438, 1986 Mo. App. LEXIS 5034 (Mo. Ct. App. 1986).

Opinion

NUGENT, Judge.

Phyllis A. Fiorani appeals from portions of the trial court’s judgment entry nunc pro tunc of January 13, 1986, dissolving of her marriage to John A. Fiorani. She claims: (1) that the maintenance award of $440 per month is not sufficient to meet her needs, in particular her need to maintain health insurance coverage comparable to that provided by her husband during the marriage in view of her continuing health problems; (2) that the court improperly ordered her to pay the deposition costs of $258 and court costs when she demonstrated by substantial evidence that she could not afford to make such payments; and (3) that the court erred in failing to allocate the payment of outstanding medical bills totaling $11,957,013 even though it assigned all other debts of the marriage to John.

Applying the standard of review for court-tried cases of an equitable nature announced in Murphy v. Carron, 536 S.W.2d 30, 32 (Mo.1976) (en banc), we sustain the trial court’s judgment as to Phyllis’ first claim of error, and reverse and remand with respect to the latter claims for the reasons set forth below.

On July 16, 1985, Phyllis filed a petition for legal separation, amended by interline-ation at time of trial to a petition for dissolution of marriage. The trial court entered a decree of dissolution at the conclusion of the evidence on December 2, 1985, later amended as reflected in its judgment entry nunc pro tunc of January 13, 1986, dissolving the marriage, awarding maintenance in the amount of $440 per month to Phyllis, and disposing of the marital property.

In dividing the property, the court ordered that the marital residence be sold and that the proceeds from the sale of the home be divided equally between the parties. The order provided for judicial sale if the real estate were not sold within 180 days. John continued to live in the house after the dissolution and Phyllis took up residence elsewhere.

In addition to the maintenance award and her share of the proceeds from the eventual sale of the house, the court distributed to Phyllis a 1984 Buick LeSabre valued at $9,000; the Boatmen’s North Hills Bank account, showing a balance of $200; thirty percent of John’s pension benefits from [440]*440Owens-Illinois, Inc.; an oil lease valued at $500; and enumerated household items. The court assessed deposition costs of $258 and court costs for the dissolution action against Phyllis.

John received the Centerre Bank account with a balance of $1,267.58; his employee stock plan with Owens-Illinois, Inc.; the Owens-Illinois, Inc., group insurance policy, with face value of $102,000; a note in the sum of $1,000 and enumerated household goods.

The court ordered John to pay $2,000 in partial payment for Phyllis’ attorney fees, and to assume the mortgage indebtedness, taxes, and insurance on the house until it could be sold. Also, John was required to pay the Wachovia Bank loan secured by his employee stock plan, the maintenance award of $440 per month and the following marital debts: (1) The sum of $8,510 to Altonized Federal Credit Union, constituting the outstanding debt for the 1984 Buick LeSabre awarded to Phyllis; (2) the sum of $959 to the Bank of Elgin; (3) the sum of $2,278 to Sears; (4) the sum of $603 to J.C. Penney; (5) the sum of $1,711.41 to the Jones Store; and (6) the sum of $200 to T.W.A.

The trial court made no findings concerning the medical debts incurred by Phyllis during the marriage, and issued no order allocating them. The parties presented conflicting evidence regarding the amount of those debts. John’s exhibit C, which summarizes marital and non-marital property and liabilities, reflects unpaid medical bills in the amount of $2,659.90. Phyllis claims outstanding medical bills in the amount of $11,957.13, set forth in her exhibit 2, a summary of medical liabilities incurred during the marriage. The controversy centers in large part around a charge from North Kansas City Hospital pertaining to Phyllis’ two hospitalizations for depression in 1985. Phyllis’ summary shows a balance due of $10,382.70 on a charge of $13,305.14. John, on the other hand, testified that the only bill from North Kansas City Hospital of which he was aware required payment of $2,025.96. He stated that he was never billed in the amount of $13,305.14.

In support of her claim that the trial court erred in failing to assign the medical debts to John, Phyllis testified that John has not cooperated with her in processing her outstanding medical bills under the provisions of his insurance policy. For example, John neglected to follow up on certain bills Phyllis had submitted to Aetna concerning her 1985 hospitalization.1 Phyllis further claimed that, though most of the bills had been received by the insurance company, doctors who sent bills directly to John complained that the bills were returned marked “addressee unknown.” John also failed to forward the company’s check for $56 to reimburse Phyllis for prescriptions.

As a result of John’s uncooperativeness in insurance matters, Phyllis has received threats from collection agencies, and her psychiatrist refused to schedule a new appointment until the outstanding bill was paid.

The facts relating to Phyllis’ claim that the maintenance award is insufficient to meet her needs require consideration of the parties’ finances and Phyllis’ history of poor health. Phyllis and John were married January 6, 1955, and separated more than thirty years later on June 27, 1985. At the time of the dissolution hearing, Phyllis was forty-seven years old and John was forty-nine. John has been employed by Owens-Illinois, Inc. for approximately thirty-one years, and has attained a position in middle management overseeing the company’s high volume production operations. During the marriage, Phyllis devoted the majority of her time to raising the couple’s three daughters, who were all emancipated at the time of the dissolution action. In addition, she worked at various times during the marriage as a claims ex[441]*441aminer, a bookkeeper, a saleswoman, an apprentice pharmacist and a marketing assistant. According to John, Phyllis had never maintained full-time employment outside the home for more than two years at a time.

At the time of the dissolution hearing, Phyllis was employed by Accountemps, a temporary personnel service, where she earned between $4.50 and $5.50 per hour filling in as an account clerk for various employers. Although her schedule was not predictable, she generally worked a forty hour week. Also, Phyllis anticipated continuing to do seasonable tax work for H & R Block as she had done in past years. Phyllis had no doubt that she could find full time employment in the accounting or tax fields as soon as she was settled emotionally and mentally. However, she did not feel she was stable enough to seek full time employment at the time of the hearing.

John’s gross wage of $4,547.50 per month amounted to $2,423.50 per month after deductions which include a mandatory direct payment of $380 per month to Alton-ized Credit Union for the Buick automobile. John testified that after subtracting $1,173 for his normal monthly living expenses and the $1,107 mortgage payment on the house, as well as monthly payments to Sears, T.W.A. and other creditors totaling $548, he would suffer a deficit of $404 per month.2

Free access — add to your briefcase to read the full text and ask questions with AI

Related

Rogers v. Rogers
253 S.W.3d 134 (Missouri Court of Appeals, 2008)
In Re the Marriage of Hall
801 S.W.2d 471 (Missouri Court of Appeals, 1990)
Gauthier v. Gauthier
785 S.W.2d 86 (Missouri Court of Appeals, 1990)
Howard v. Howard
764 S.W.2d 169 (Missouri Court of Appeals, 1989)
Bidstrup v. Bidstrup
750 S.W.2d 712 (Missouri Court of Appeals, 1988)

Cite This Page — Counsel Stack

Bluebook (online)
720 S.W.2d 438, 1986 Mo. App. LEXIS 5034, Counsel Stack Legal Research, https://law.counselstack.com/opinion/fiorani-v-fiorani-moctapp-1986.