L.R.M. v. R.K.M.

46 S.W.3d 24
CourtMissouri Court of Appeals
DecidedMarch 27, 2001
DocketNo. ED 77816
StatusPublished
Cited by10 cases

This text of 46 S.W.3d 24 (L.R.M. v. R.K.M.) 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
L.R.M. v. R.K.M., 46 S.W.3d 24 (Mo. Ct. App. 2001).

Opinion

CLIFFORD H. AHRENS, Presiding Judge.

R.K.M. (“husband”) appeals from the decree of dissolution awarding L.R.M. (“wife”) maintenance. Husband claims that wife’s income is sufficient to provide for her reasonable needs and the court failed to consider the statutory factors under section 452.335.2 RSMo 19941 in awarding maintenance. Husband also contends that the court erred in valuing his partnership interest. We affirm.

On March 16, 1999, wife filed her petition for dissolution of marriage. The parties agreed to joint legal and physical custody of the two children. At trial, the disputed issues were division of marital property and debts, maintenance, and attorney’s fees. On March 13, 2000, the original decree of dissolution was entered awarding wife $2175.00 per month in maintenance. After two amendments, the corrected second amended judgment was entered on May 3, 2000.

The judgment of the trial court must be affirmed unless there is no substantial evidence to support it, it is against the weight of the evidence, or it erroneously declares or applies the law. Murphy v. Carron, 536 S.W.2d 30, 32 (Mo.banc 1976). “We defer to the trial court’s determination of credibility, viewing the evidence and inferences therefrom in a light most favorable to the decree and disregarding all contrary evidence and inferences.” Creech v. Creech, 992 S.W.2d 226, 229 (Mo.App.1999)

In point one, husband complains that the trial court erred in awarding wife $2,175.00 per month in maintenance. Husband argues that wife’s yearly income of $67,000.00 combined with her investment income is sufficient to provide for her reasonable needs. In addition, husband alleges that the parties’ previous standard of living was beyond their means and should not be considered in determining her reasonable needs.

An award of maintenance is a matter within the sound discretion of the trial court. Creech, 992 S.W.2d at 229. Our review on appeal is limited to determine if that discretion has been abused. Id. The trial court’s decision to award maintenance is governed by section 452.335. Maintenance may be awarded if the court finds that the requesting party (1) lacks sufficient property to provide for his or her reasonable needs and (2) is unable to support himself through appropriate employment. Section 452.335; Nichols v. Nichols, 14 S.W.3d 630, 636 (Mo.App.2000). Factors relevant to the amount and duration of the maintenance awarded are enumerated in section 452.335.2. Husband claims that the court incorrectly considered these factors including the standard of living established during the marriage, and the obligations and assets, including the marital property apportioned to wife.

Wife has a net monthly income of $3,963.69 and husband has a net monthly income of $8,211.29. The trial court found that “although wife is intelligent, competent, and able-bodied, she is without adequate means to support herself through employment and/or income-producing property set-aside to her.” In addition, the court found husband “to be of ade[27]*27quate means to support himself and provide support to Wife.” Wife’s reasonable needs as reflected in her statement of income and expenses were approximately $8,152.00 per month or $6,782.07 if her claimed expenses for the children were excluded. The court awarded wife $2,175.00 per month in maintenance.

We find that the trial court did not abuse its discretion in awarding $2,175.00 in maintenance to wife. The record supports that the parties enjoyed a high standard of living during the marriage and that wife is not able to provide for her reasonable needs through appropriate employment or income-producing property. Point denied.

In his second point on appeal, husband claims the trial court erred in calculating maintenance by (1) relying solely on the income and expenses of the parties and not considering other factors in section 452.335.2, (2) determining that husband had an ability to pay maintenance based on husband’s expenses, and (3) entering an award which provides wife with $6,668.32 of the parties disposable income while husband receives $4,255.39.

The trial court has broad discretion in applying the statutory factors of section 452.335.2. Schroeder v. Schroeder, 924 S.W.2d 22, 26 (Mo.App.1996). “The court uses the factors in awarding maintenance to balance the reasonable needs of the spouse seeking maintenance with the other spouse’s ability to pay.” Id.

There is nothing in the record to indicate the trial court failed to consider the factors in section 452.335.2 in determining the award of maintenance. The court found that both parties contributed to the breakdown of the marriage, and that husband has the ability to meet his reasonable needs and contribute to the support of wife. In addition, the court considered the monthly income and expenses of both parties, and the standard of living enjoyed by the parties during the marriage. We find that the trial court did not abuse its discretion in awarding wife $2,175.00 per month in maintenance after considering the factors enumerated in section 452.335.2. Point denied.

Lastly, husband complains that the trial court erred in valuing his partnership interest in his law firm at $99,221.00. Husband claims that the correct value of his partnership interest is $25,536.00, the value of his capital account. There is no dispute that husband’s interest in the partnership is marital property because he became a member of the firm subsequent to marriage. After classifying the partnership interest as marital property, the court must determine the value of husband’s interest in the partnership. The trial court has broad discretion in valuing marital property. In re Marriage of Kirkham, 975 S.W.2d 500, 505 (Mo.App.1998).

Husband’s partnership agreement provides that husband has no ownership interest in the assets of the firm other than his capital account. _ The partnership agreement provides that each partner is entitled to a capital account, and that upon a partner’s death, withdrawal, retirement, or expulsion from the firm, the partner (or his estate), is entitled to receive the capital account. Wife’s expert, a certified public accountant with experience in business valuations, found the partnership provisions covering death, withdrawal, retirement or expulsion inapplicable to this situation involving dissolution of marriage. He testified that husband’s capital account had no relationship to the fair market value of husband’s partnership interest.

Wife’s expert calculated husband’s interest in the partnership using an “adjusted net assets method.” Under this method, the witness used the book value of assets [28]*28of the firm from the firm’s balance sheet, including checking accounts, cash, investments, attorney and client advances, and office equipment and other fixed assets (less accumulated depreciation). The witness added to the book value a percentage of the firm’s accounts receivable and work in progress, after deductions for uncollectible accounts and unrealized work in progress.

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Bluebook (online)
46 S.W.3d 24, Counsel Stack Legal Research, https://law.counselstack.com/opinion/lrm-v-rkm-moctapp-2001.