Marriage of Lyles v. Lyles

710 S.W.2d 440, 1986 Mo. App. LEXIS 4004
CourtMissouri Court of Appeals
DecidedApril 22, 1986
Docket49837, 49838
StatusPublished
Cited by25 cases

This text of 710 S.W.2d 440 (Marriage of Lyles v. Lyles) 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
Marriage of Lyles v. Lyles, 710 S.W.2d 440, 1986 Mo. App. LEXIS 4004 (Mo. Ct. App. 1986).

Opinion

SIMON, Judge.

Husband appeals an order of the Circuit Court of St. Louis City increasing child support and maintenance awarded to wife on her motion to modify the terms of a decree of dissolution. The present motion was filed in 1984. The original decree in 1980 awarded wife maintenance of $50.00 per week, custody of the child, and $75.00 per week in child support. In 1982, upon husband’s motion, the maintenance was reduced to $25.00 per week. At that time *442 wife had secured employment as a teacher, her present occupation, at a salary of $15,-000, and husband’s income was $18,000 per year. Husband had just begun full time practice in urology.

Pursuant to the present motion, the trial court increased the maintenance award to $75.00 per week, and the child support award to $175.00 per week. Husband appeals these awards and the attorney’s fees award. Wife cross appeals seeking an additional increase in the award of maintenance. She contends the trial court erred in not admitting certain testimony concerning her contributions to the marriage and husband’s medical education. Wife does not appeal the child support award.

The standard for modification of the terms of a decree of dissolution is set out in Section 452.370, subdivision 1, RSMo Supp.1984 (hereinafter all citations will be to RSMo Supp.1984, unless otherwise specified). The provisions of a decree may be modified only upon a showing of changed circumstances so substantial and continuing as to make the terms unreasonable. Section 452.370.1. In determining whether or not a substantial change in circumstances has occurred for child support modification, both parties’ financial resources must be considered. Section 452.370.1.

The burden of showing the required change in circumstances is upon the party seeking modification of the decree. Seelig v. Seelig, 540 S.W.2d 142 (Mo.App.1976). Upon review, we defer to the vantage of the trial judge with respect to the credibility of witnesses. Seelig, 540 S.W.2d at 145. Accordingly, the trial court’s award will be upheld unless it is against the weight of the evidence, is unsupported by substantial evidence, or erroneously states or applies the law. Murphy v. Carron, 536 S.W.2d 30, 32 (1976).

Husband’s first point on appeal is that the increase in the maintenance award is not supported by substantial evidence and is so excessive as to constitute an abuse of discretion. Wife’s testimony indicates that the monthly expenses for herself and the child are approximately $1750 per month, an increase from $1250 per month as stated on expense statements filed a year earlier. Wife also testified she owned a 1975 car in need of extensive repair and is attempting to save for a new one. She and the child presently reside with her parents, and her testimony relates a need and desire to establish an independent residence for herself and the child. Wife also testified that her gross salary per year is approximately $17,000, and that she has savings of $7,000 of which $3500 is a gift from her mother.

The trial court’s order states that due to the needs of wife and child, the need for an independent residence, the increased clothing expenses and the new transportation, an increase in the maintenance award is warranted. Wife’s testimony as to her expenses and present net salary constitute substantial evidence to support the trial court’s award.

As to the reasonableness of an award, the trial court balances the husband’s ability to pay against the wife’s reasonable needs. Farnsworth v. Farnsworth, 553 S.W.2d 485, 487 (Mo.App.1977). The husband’s income at the time of the last modification was $18,000 per year. His testimony at this modification proceeding establishes a gross salary in 1984 of approximately $99,800 from the urological services corporation of which he is sole shareholder. He also testified that he is remarried and has a child of that marriage. Considering these factors in balancing his ability to pay against wife’s needs, the award is not so excessive as to be an abuse of discretion.

In her cross appeal, wife contends that the maintenance award is inadequate to meet her needs. Based upon the evidence cited above as to husband’s income and expenses and the trial court’s findings, an increase in the maintenance award of $50.00 per week is sufficient to meet her needs. This point is without merit.

Husband also contends that the child support award is not supported by substantial evidence. He acknowledges that an *443 increase in child support is appropriate but takes exception to the court’s factual findings. He contends that wife’s testimony as to the child’s increased food and clothing expenses contradicts figures set out in sworn financial statements filed a year earlier. In addition, he contends that testimony given at trial as to his present income was improperly relied upon instead of his sworn financial statements filed with the court. Third, he contends that wife’s evidence does not support the need for an independent residence.

Again, the evidence must comply with the standard required by Section 452.-370.1. In addition, both parties’ financial resources must be considered. In a child support modification proceeding, a trial court has discretion to accept or reject a party’s testimony offered as evidence in support of a claim. Oberkrom v. Oberkrom, 608 S.W.2d 449 (Mo.App.1980). A party’s testimony is sufficient evidence, and a reviewing court will defer to the trial judge’s determination respecting the credibility of witnesses. Eastes v. Eastes, 590 S.W.2d 405 (Mo.App.1979).

A change in circumstances may exist due to the increased expenses of a growing child and inflationary trends. In re Marriage of Burroughs, 691 S.W.2d 470 (Mo.App.1985). These factors, coupled with an increase in the father’s earnings, may constitute a change in circumstances making the original terms unreasonable and necessitating an increased child support award. Moran v. Moran, 681 S.W.2d 510 (Mo.App.1984).

Wife’s testimony as to the increased expenses of the child, now growing into his teen years, and the need for an independent residence constitutes substantial evidence of expenses upon which the trial court could make its decision. In addition, the trial court heard testimony by wife that her salary is approximately $17,000 per year, and her assets include a $7,000 savings account and a ten year old car. Husband testified that his gross salary was approximately $99,800 per year. Husband also testified as to various other assets and capital interests which he held, including $20,000 paid to a pension and profit sharing plan by the corporation.

Clearly, the trial court rightfully chose to rely upon the parties’ testimony as to income and expenses.

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Bluebook (online)
710 S.W.2d 440, 1986 Mo. App. LEXIS 4004, Counsel Stack Legal Research, https://law.counselstack.com/opinion/marriage-of-lyles-v-lyles-moctapp-1986.