Knauss v. Knauss

425 S.W.2d 713, 1968 Mo. App. LEXIS 761
CourtMissouri Court of Appeals
DecidedFebruary 28, 1968
DocketNo. 8695
StatusPublished
Cited by7 cases

This text of 425 S.W.2d 713 (Knauss v. Knauss) 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
Knauss v. Knauss, 425 S.W.2d 713, 1968 Mo. App. LEXIS 761 (Mo. Ct. App. 1968).

Opinion

HOGAN, Presiding Judge.

This is an appeal by the defendant, Nellie Mae Knauss, from an order allowing alimony pendente lite, including suit money and attorneys’ fees. She contends that the allowances made are so grossly inadequate as to constitute an abuse of the trial court’s discretion.

The parties are both osteopathic physicians. They had been married almost 26 years at the time this matter was heard on March 25, 1967. They are the parents of five children, David, 23, who was in military service at trial time; Daniel, 21, a college senior; Mary Kay, also a college student; Karen, 17, a high school student; and Michael, 13, a seventh grader. The sense of the record is that about the middle of February 1965 the plaintiff and defendant separated by dividing the family home into a “side” for the plaintiff and a “side” for the defendant. Except for David, the children continue to live in the family home; they are spoken of as being in the defendant’s custody.

On December 1, 1965, plaintiff filed a petition for divorce. After some preliminary skirmishing, defendant filed an answer and counterclaim on October 11, 1966. The counterclaim seeks partition of certain real property owned by the parties as tenants by the entirety “if a divorce be awarded to either of the parties in this action.” The pleadings were thereafter amended at various times, and on March 25, 1967, a year and four months after the original filing, the case finally came on for a hearing on the matter of temporary allowances.

The evidence indicates that Dr. A. R. Knauss, the plaintiff, is a successful physician who maintains offices at Lebanon and Springfield, Missouri. His gross income, as reflected by his federal tax returns, has risen from about $8,900 in 1964 to an amount in excess of $37,000 in 1966. His gross receipts from both offices were running in excess of $3,000 per month for the first two months of 1967, and at trial time he had two bank accounts totaling $10,-852.82. There was no evidence indicating what his fixed liabilities were, if any, but plaintiff testified that in 1965 and 1966 he repaid a loan of $8,000; that his current tax liability “would be close to” $8,000, and that he owed his mother $6,400 which she had advanced for Daniel’s education.

At the time the parties separated, so plaintiff testified, he started paying defendant $360 per month. In October 1966, he reduced this amount to $260 per month. Plaintiff maintained the family home, engaged one domestic servant on behalf of the defendant, and so far as he knows defendant’s food, her personal clothing and her private telephone are her only expenses not paid by him. It was plaintiff’s testimony that he was providing regularly for his children. He was sending Daniel $50 per month, though Daniel’s tuition and [715]*715board at school were being provided by plaintiff’s mother. Plaintiff had given Mary Kay $600 for tuition, board and incidental expenses when she started school, had bought her a $175 wardrobe, and was sending her a regular allowance of $50 per month. Karen, the high school senior, was receiving $30 per month and was living at home. Michael, their seventh grader, was being given money as he asked for it, and the plaintiff estimated that Michael had received $130 in cash in the year 1967 alone. Plaintiff indicated that he was making all these expenditures in behalf of his family voluntarily, and that he intended to continue doing so.

The defendant testified that prior to the time she and plaintiff separated — until he “started hooking the door,” as she put it— she assisted her husband with his practice. Defendant “did anything there was to do,” because she was an active physician. She testified at trial time that she was in very poor health, however, and that she needed medical attention. On being asked how much the proposed attention would cost, Mrs. Knauss was unable to say.

The defendant was of the opinion that Mary Kay should have an allowance of $100 per month. Being asked why, defendant responded: “Well, she has a lot of expenses, just — you have to buy food, extra food if you are in college and she has no clothing budget. And she has to buy some clothing and she is taking courses that take extra books all of the time. And, well, a girl just uses some things — personal things, that $100.00 without a clothing budget, is not sufficient even.” Defendant estimated that Karen, the high school senior, should have $75 per month, on the following basis: "She has a lot of school expenses. She is very popular and active and, well, there is expenses of the cafeteria, and, well there is just an unlimited number of donations in a school and everything, she has her own clothing to buy and she is active in Church, which takes money. She goes on School trips, she is active in so many different things, there is no end to the expense in high school.” Mrs. Knauss also believed that she should have a discretionary allowance for her seventh grader in the amount of $50 for the following reason: “Well, Michael is very active in school and sports, and his father encourages him to participate in expensive sports, such as bowling, car racing and he goes to all of the games. Well, he is in football, basketball, track and all of the things that take money, besides being active in two different churches and having quite a bit of expense that goes with that, and he has to have clothing in order to participate in those things.” Defendant’s further estimate of her needs was that she should have $50 per week minimum for groceries, $3 per week as a “telephone” allowance, $25 per week to replenish her wardrobe, $10 per week for dry cleaning and laundry, and $10 per week as a transportation allowance because she could not drive a car. In addition, defendant said she needed to have the house papered, needed some new shades and curtains, some new furniture, a vacuum cleaner, a new refrigerator, a new sewing machine, a new iron, a deep freezer, and perhaps a new washer and dryer.

Testimony was also given to establish the proper amount of attorneys’ fees. Mr. Wood, one of the defendant’s attorneys, testified that he and Mr. Grossenheider both represented the defendant. Mr. Wood said he had had several conferences with the defendant in his office, that he had had several conferences with the defendant and co-counsel in defendant’s home, that he had prepared motions and filed them, and that he had prepared responsive pleadings and filed them. Mr. Wood had entered one appearance on March 18, 1965, and was appearing at trial time. Defendant had told Mr. Wood that she was unable to pay anything. Counsel had discussed the “probable taking” of depositions in Springfield, Mountain Grove, and Lebanon, Missouri. Mr. Wood was of the opinion that an allowance of $250 would be required to take the necessary depositions, and that a rea[716]*716sonable fee for the work done so far would be $500 for each attorney.

Upon this evidence, the trial court entered an order requiring plaintiff to pay defendant the sum of $400 per month as alimony pendente lite, and further requiring him to pay each attorney $400 as temporary attorneys’ fees, and $125 as suit money. The record indicates this order has been complied with. As stated in the brief, the appellant’s argument is that the allowances are inadequate because, under the uncontroverted evidence, plaintiff had the means and ability to pay considerably more, and the defendant and her children needed a substantially greater amount.

The general rules which govern in a case of this kind are so well known that they need not be repeated at length.

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Bluebook (online)
425 S.W.2d 713, 1968 Mo. App. LEXIS 761, Counsel Stack Legal Research, https://law.counselstack.com/opinion/knauss-v-knauss-moctapp-1968.