Hall v. Hall

553 S.W.2d 864, 1977 Mo. App. LEXIS 2169
CourtMissouri Court of Appeals
DecidedMay 24, 1977
DocketNo. 37636
StatusPublished
Cited by5 cases

This text of 553 S.W.2d 864 (Hall v. Hall) 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
Hall v. Hall, 553 S.W.2d 864, 1977 Mo. App. LEXIS 2169 (Mo. Ct. App. 1977).

Opinion

ALDEN A. STOCKARD, Special Judge.

William R. Hall appeals from the decree of dissolution entered under the Dissolution of Marriage Act, §§ 452.300-452.415, Laws of Missouri 1973, effective January 1, 1974.

Respondent has filed in this court a motion to dismiss the appeal on the basis that the notice of appeal dated November 24, 1975 was not timely. We need not rule that contention. On December 12, 1975, pursuant to a request by appellant, and as authorized by Rule 81.07(a), this court issued its special order permitting appellant to file a late notice of appeal which was done within the time authorized. The motion to dismiss the appeal is overruled.

Neither party contends the marriage was other than irretrievably broken, and neither challenges those portions of the decree relating to child custody and the division of marital property. Appellant asserts, however, that (1) the court erred in ordering him to pay “any maintenance,” and in the alternative, if the payment of some maintenance was proper, then the court “grossly abused” its discretion in awarding maintenance in the sum of $700.00 per month; and (2) the court “grossly abused” its discretion in awarding the sum of $430.00 per month for each of the three minor children as child support.

The parties were married in 1957, and separated in August 1974. Prior to trial they agreed on the division of the marital property. The judgment of the trial court awarded respondent certain specified items of property, and then awarded to appellant “the balance of all marital property, subject to any and all indebtedness thereon.” That division of the marital property, as itemized in appellant’s brief, is as follows:

Appellant
Assets
1,700 shares of Kearney National $ 8,075.00
1,304 shares of Louisiana & Southern Life Ins. 3,580.00
Powers, Carpenter & Hall stock 27,130.00
Treasury Bill 40,000.00
Miscellaneous stock 8,000.00
One-Half Tax Refund
Oil Leases 1.220.00
$88,005.00
Debts
Boatman’s Bank $24,430.00
Note to R. W. Powers 11.900.00
$36,330.00
BALANCE $52,675.00
Respondent
Assets
Family residence $40,000.00
Furniture, furnishings, fixtures and appliances 5,000.00
Prudential Federal Savings and Loan 11,700.00
Lafayette Federal Savings & Loan 1,200.00
One-Half Tax Refund —
1968 Pontiac Automobile —
$57,900.00
Debts
House Mortgage $15,000.00
BALANCE $42,900.00

Appellant listed the Treasury Bill in a financial statement filed with the court at $50,000.00. He testified however, that it is “actually $40,000.00.”

We find no reference in the final judgment to an award to respondent of the Lafayette Federal Savings & Loan account in the amount of $1,200.00, and as previously noted the “balance of all marital property” not specifically awarded to respondent was awarded to appellant. We [866]*866note that neither appellant nor respondent listed this account in their itemized statement of “cash and deposit accounts.” Respondent referred to it in her testimony when she stated that at one time subsequent to the separation she used some of her account at “Lafayette Federal” to meet expenses, but there is no explanation of its source. We also note that in the judgment of the court entered on July 31, 1975, “the individual savings account of respondent at Lafayette Federal Savings & Loan Assn” was awarded to respondent, but without explanation this award was not made to respondent in the final judgment dated November 4, 1975. If this Savings and Loan account is not marital property, (but appellant lists it as such in his brief and there is no challenge, to this listing by respondent), the court did not “set [it] apart” to respondent as such, as contemplated by § 452.330. We consider that the parties agree that this account is the property of respondent.

Most if not all of the items of marital property awarded to appellant are in fact or potentially income producing. On the other hand, the largest item of marital property awarded to respondent is the house and its contents which is not income producing.

Appellant is employed by Powers, Carpenter and Hall, Inc., a consulting firm for various insurance plans, and by reason of the withdrawal of one of the members of the firm and the purchase of his stock, appellant now owns fifty percent of the corporate stock. For the four years immediately prior to the separation of the parties, appellant’s income was as follows:

Year Adjusted Gross Net
1971 $75,431.00 $50,000.00
1972 87,343.00 59,000.00
1973 87,912.00 57,000.00
1974 81,000.00 54,000.00

During each of the above four years Powers, Carpenter & Hall, Inc. paid into a profit sharing plan for appellant’s benefit approximately $11,000.00. The company also provided certain other benefits including $45,-000.00 for “Employee Life Insurance,” life insurance in the amount of $5,000.00 on respondent and $1,000.00 on each child, “accidental death benefits” in the amount of $160,000.00, “long term disability benefits” to a maximum of $1,200 a month, and a comprehensive medical care plan for himself and “family” with a medical reimbursement plan for sums not covered-“up to a certain amount.” The company also furnished appellant a leased automobile, “reasonable” entertainment expenses, and it pays his dues at the St. Louis Club.

During the “bulk” of the marriage respondent was not employed. There is no evidence concerning her training or experience, except some qualifications may be presumed by reason of the fact that approximately one month after the separation she obtained employment as a teacher’s assistant at the North Glendale School in the Kirkwood system at a salary of $250 a month which resulted in a take-home pay of $195 a month. At the time of trial she had obtained new employment, but had not started to work, as a teacher at the Ross-man School with a salary of $583.00 a month which would result in approximately $430.00 a month take-home pay. The North Glendale School was within walking distance from her home, but the Rossman School is a sufficient distance from her home to require transportation.

At the time of trial, July 1975, the parties’ three children were 17,15, and 11 years of age. The two oldest were enrolled in a private school. The oldest, a girl, would complete the 12th grade, in June 1976. She planned to go to college and had discussed those plans with her father. The boy had three more years of high school, was a good athlete and particularly as a tennis player, a sport in which appellant actively participated and in which he encouraged his son to participate.

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Bluebook (online)
553 S.W.2d 864, 1977 Mo. App. LEXIS 2169, Counsel Stack Legal Research, https://law.counselstack.com/opinion/hall-v-hall-moctapp-1977.