Liljedahl v. Asher

942 S.W.2d 919, 1996 Mo. App. LEXIS 2127
CourtMissouri Court of Appeals
DecidedDecember 31, 1996
DocketNo. 20537
StatusPublished
Cited by1 cases

This text of 942 S.W.2d 919 (Liljedahl v. Asher) 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
Liljedahl v. Asher, 942 S.W.2d 919, 1996 Mo. App. LEXIS 2127 (Mo. Ct. App. 1996).

Opinion

SHRUM, Judge.

This is a dissolution of marriage ease in which Husband contends that the trial court erred when it ordered Husband to pay Wife modifiable maintenance for twelve months. We agree. The trial court’s finding that Wife was unable to support herself through appropriate employment due to “her present mental condition” is not supported by sub[921]*921stantial evidence; hence the judgment awarding Wife maintenance cannot be affirmed. We reverse.

Husband and Wife were married October 2, 1993, separated November 12, 1994, and their marriage was dissolved on September 12, 1995. No children were born of their marriage.

Wife, age 43 at the time of trial, is 19 years younger than Husband. Wife’s employment experience includes nine years at a law firm, followed by employment by the federal government, first at the Internal Revenue Service and then as a court reporter for the hearings and appeals arm of the Social Security Administration (SSA).

Husband is a licensed attorney who left his position as a senior staff attorney with the Office of Hearings and Appeals, SSA in 1987, retiring with a fully vested pension from that position. He moved to southwest Missouri and opened a private practice specializing in social security law. He met Wife while she worked for the SSA, they “started having a relationship,” and ultimately were married.

The trial court dissolved the marriage and divided total net marital assets valued at $27,065 as follows: $14,790 (55%) to Husband and $12,275 (45%) to Wife. Each party’s non-marital real estate was set aside to Husband and Wife. Husband was ordered to pay a debt of approximately $7,000 owed on an automobile awarded to Wife and to pay $2,000 toward Wife’s attorney fees. Wife was awarded $1,000 per month maintenance for 12 months by a modifiable order. In addition to finding that Wife could not meet her reasonable needs through her property, the trial court found that Wife was not able to support herself through appropriate employment due to “her present mental condition.” Summarizing the evidence of her mental condition, the court noted that Wife “currently takes at least three prescription medications and sees a psychiatrist monthly and a psychologist weekly, although no evidence was presented as to [Wife’s] current diagnosis other than ‘depression’ nor as to her prognosis.” In its findings, the trial court characterized the amount and duration of maintenance as sufficient “to pay most of her outstanding debts and to train or rehabilitate herself to re-enter the job market.”

To resolve the issues presented by this appeal, it is necessary to consider additional background facts. Husband testified that prior to their marriage, apparently in 1990 or 1991, he learned that Wife had recently been in a Springfield hospital for “drug detoxification[,]” that she was suffering from depression, and had been fired from her job as a reporter for the SSA because of excessive absenteeism.' Continuing, Husband testified that he had arranged for Wife to see a psychologist recommended by him, after which he had filed and successively prosecuted two claims for Wife. One was for disability social security and the other was a claim for her “Federal Employee Retirement System” [FERS] pension. According to Husband, the latter claim required proof of Wife’s “inability to do [her] prior relevant work.”

Wife’s account of the successful pursuit of her disability claims differed from that of Husband.

“Q. [TO WIFE] TeU the Court briefly what the circumstances were that got this idea started of getting a disability pension.
“A. Jerry [Husband] specialized in that field and knew that it would be easy to have me take a disability, and told me of the doctors I needed to go see and what forms we needed to file. He did all that paperwork, because that’s his field of expertise. He did that so that I would have more time to be with him.
“Q. ... When the process started, that is when you started doing the paperwork, were you working full-time?
“A. Yes.
“Q. In the course of the process, were you ever fired or was your employment terminated?
“A. One way of proving my disability, Jerry told me, was if I was not able to go [922]*922to work and they had to fire me, that would prove my side that I was not able to work and they could not deny that I could not work if I did not show up. It wasn’t until just recently that I’ve heard Jerry say I was fired. He never told me that.
“Q. Well, did you, at his direction, stop going to work?
“A. Yes.
“Q. ... And then what happened next?
“A. Then my disability was approved.
“Q. ... And what was the basis of the disability as you understand it?
“A. I asked Jerry that one time, and I asked him in one word what would my disability be and he called it depression.
“Q. And did the disability finally go through before the marriage
“A Yes....”

Husband’s success in obtaining for Wife these benefits came despite her apparent continued ability to work.

“Q. [TO WIFE] After you quit working at the Social Security office, did you then begin to do some work for Jerry’s law firm?
“A. [BY WIFE] I did. I know it was not immediately, but perhaps maybe a year afterwards when he put a computer in my house, I did the work.
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“Q. [W]hat type of work did you do?
“A. I did a lot of Jerry’s legal briefs or interrogatories, deposition summaries that were lengthy and let his paralegal do the shorter letters, correspondence. I not only did work, I also made forms and changed fonts and made an actual legitimate form.
“Q. Over what period of time did you do this work for his law practice?
“A Oh, it was over a period of a year.”

Wife testified that this work required four to five hours of her time each day for five to six days of each week.

Husband knew before the marriage that Wife was a frequent user of marijuana. Moreover, her usage thereof continued after marriage, often in Husband’s presence. It was a practice that Husband claimed to disapprove of, but in his words, he “tolerated” it. Wife did not dispute such testimony and readily admitted her usage of marijuana “on the average ... every day. or every other day.” She did suggest, however, that Husband did more than tolerate her usage. She testified that she had grown marijuana in Husband’s house at Kimberling City and described Husband’s involvement thusly:

“Q. How could you grow marijuana in the house?
“A. Jerry [Husband] has a room in the basement that has no windows, and Jerry, to save money, so he would not be providing me with money that I could go spend it on marijuana, me and his son decided that we would grow it with indoor lights, and we had about 30, 40 plants that lived for a year.
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“Q. What was Jerry’s involvement in that growing process?

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Related

In Re Marriage of Liljedahl
942 S.W.2d 919 (Missouri Court of Appeals, 1996)

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Bluebook (online)
942 S.W.2d 919, 1996 Mo. App. LEXIS 2127, Counsel Stack Legal Research, https://law.counselstack.com/opinion/liljedahl-v-asher-moctapp-1996.