In Re Marriage of York

185 S.W.3d 794, 2006 Mo. App. LEXIS 285, 2006 WL 587882
CourtMissouri Court of Appeals
DecidedMarch 13, 2006
Docket27067
StatusPublished
Cited by2 cases

This text of 185 S.W.3d 794 (In Re Marriage of York) 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
In Re Marriage of York, 185 S.W.3d 794, 2006 Mo. App. LEXIS 285, 2006 WL 587882 (Mo. Ct. App. 2006).

Opinion

PHILLIP R. GARRISON, Judge.

Rick York (“Husband”) appeals from the judgment dissolving his marriage to Terri York (“Wife”). He contends the trial court erred in awarding maintenance to Wife, arguing there was insufficient evidence to support the award, in that (1) Wife’s reasonable needs' do not justify it, and (2) Husband does not have sufficient income and assets to pay the award. We disagree and affirm the judgment of the trial court.

The parties were married on July 6, 1985, in Richland, Missouri. Two children were born of the marriage: Shanna Nicole York, who is now emancipated, and Jacoba Lee York (“Jacoba”).

Wife has a degree in Biology, Criminal Justice, and Psychology, and worked as a Missouri Probation and Parole Officer in Camdenton, Missouri, until 1998. At that time, she became disabled with fibromyal-gia, depression, chronic bronchitis, and Raynaud’s Syndrome and was unable to work. Wife is taking nineteen different prescription drugs for her illnesses and currently receives Social Security Disability payments of $594 per month.

The parties separated on or about July 14, 2004. At the time of separation, Husband was employed as a welder earning $13.69 per hour. Husband’s annual gross income for 2001-2003 was $22,212, $24,287, and $25,038, respectively.

Husband left the marital residence upon separation and moved in with Mary Orde-tay and her boyfriend. One month later, Ms. Ordetay’s boyfriend moved out and Husband continued to reside with Ms. Or-detay, paying some of her expenses. Meanwhile, Wife and Jacoba continued to reside in the marital home until they moved in with Wife’s parents, in February 2005.

Wife filed a petition for dissolution of marriage on August 12, 2004. Prior to trial, the parties entered into a marital settlement which settled all of the property division issues. Husband received ownership of the marital home and other real estate, but agreed to pay Wife the sum of $10,000 for her equity in those properties. The parties also entered into a joint parenting plan as to care and custody of Jaco-ba.

A hearing was held on the remaining issues, and on May 12, 2005, the trial court *797 entered its judgment dissolving the marriage of the parties, ordering Husband to pay $500 per month child support, and $300 per month modifiable maintenance to Wife. Husband now appeals the portion of that judgment awarding maintenance to Wife.

Appellate review of a judgment of dissolution is the same as any other court-tried case. Henbest v. Henbest, 164 S.W.3d 198, 200 (Mo.App. S.D.2005). The trial court’s judgment will be affirmed unless it is not supported by substantial evidence, it is against the weight of the evidence, or it erroneously declares or applies the law. Buchholz v. Buchholz, 166 S.W.3d 146, 152 (Mo.App. S.D.2005); Murphy v. Carron, 536 S.W.2d 30, 32 (Mo. banc 1976). 1 “Credibility issues are for the trial court to resolve, and we will assume that all factual issues were resolved in favor of the judgment entered.” Sweet v. Sweet, 154 S.W.3d 499, 504 (Mo.App. W.D.2005).

The trial court has broad discretion in determining the amount and duration of maintenance. In re Marriage of Murphy, 71 S.W.3d 202, 205 (Mo.App. S.D.2002). We are therefore limited to reviewing maintenance awards for abuse of discretion. Id. “The party challenging the maintenance award has the burden of showing an abuse of discretion.” Goodin v. Goodin, 5 S.W.3d 213, 216 (Mo.App. S.D.1999). Abuse of discretion arises where the maintenance award is clearly against the logic of the circumstances and is so arbitrary and unreasonable as to shock the sense of justice and indicates a lack of careful consideration. Id. Where reasonable people can differ about the propriety of the action taken by the trial court, there has not been an abuse of discretion. Id.

Husband first maintains that Wife’s reasonable needs do not justify an award of maintenance. He directs us to the threshold requirements of Section 452.335.1, 2 which provides that before maintenance is awarded in any amount, the trial court must find that the party seeking maintenance: (1) lacks sufficient property, including marital property apportioned to her, to provide for her reasonable needs; and (2) is unable to support herself by appropriate employment. Buchholz, 166 S.W.3d at 157.

When a trial court determines whether a spouse has sufficient property to provide for his or her reasonable needs, it must consider marital property apportioned to a spouse, including any interest earned from his or her share of the marital property. Lee v. Lee, 117 S.W.3d 693, 696 (Mo.App. E.D.2003). “This ‘reflects the general principle that investment income must be considered, so that maintenance is not awarded for the purposes of building an estate or accumulation of capital.’ ” Id. (quoting Hill v. Hill, 53 S.W.3d 114, 116 (Mo. banc 2001)). However, a spouse is not required to deplete his or her share of marital property before being entitled to maintenance. Lee, 117 S.W.3d at 696. Therefore, “[i]n determining whether [Wife] has sufficient property to provide for her reasonable needs, only her income-producing property should be considered.” Clance v. Clance, 127 S.W.3d 716, 726 (Mo.App. W.D.2004).

*798 The record reveals that Wife’s only property of significant value would be the $10,000 Husband had agreed to pay for her equity in the marital home. At the time of trial, Wife had not yet received the $10,000 in question, 3 and Husband does not suggest in his brief that the $10,000 obligation is a source of income for Wife.

Husband does not assert on appeal that Wife is able to support herself through appropriate employment, but argues that Wife’s monthly expenses for her and the parties’ minor child are currently being met by her monthly income and child support payments. We first recognize that “[ajwards of spousal maintenance and child support are two distinctly separate concepts.” Nichols v. Nichols, 14 S.W.3d 630, 637 (Mo.App. E.D.2000). “[MJaintenance is for the needs of the recipient spouse; maintenance is not for child support.” Id.

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Bluebook (online)
185 S.W.3d 794, 2006 Mo. App. LEXIS 285, 2006 WL 587882, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-marriage-of-york-moctapp-2006.