Polen v. Polen

886 S.W.2d 701, 1994 Mo. App. LEXIS 1721, 1994 WL 612412
CourtMissouri Court of Appeals
DecidedNovember 8, 1994
DocketNo. WD 48630
StatusPublished
Cited by5 cases

This text of 886 S.W.2d 701 (Polen v. Polen) 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
Polen v. Polen, 886 S.W.2d 701, 1994 Mo. App. LEXIS 1721, 1994 WL 612412 (Mo. Ct. App. 1994).

Opinion

PER CURIAM:

Glenda Kay Polen (Wife) appeals from the trial court’s decree dissolving her marriage to Thomas Owen Polen (Husband). Wife contends that the trial court erroneously limited both the amount and the duration of its award of maintenance, and that the trial court erred by awarding child support without considering all the sources of Husband’s income.

We reverse the trial court’s award of maintenance and affirm the trial court’s award of child support.

Husband and Wife were married on October 12, 1968, and they separated in August of 1992. On December 2, 1992, Husband filed a petition to dissolve the marriage, which had produced two daughters: Rachel Marie Po-len, born on February 28, 1972 and emancipated at the time of the filing of the petition, and Audra Robin Polen, born December 14, 1973 and a college student at the time of the filing of the petition.

At the time of the trial, which took place on September 30, 1993, Husband had been employed by TWA as a mechanic for twenty-six years. He testified that his yearly income was $37,086.40 in 1993, $49,719.87 in 1992, $50,370.00 in 1991, and $47,991.00 in 1990. He further testified that the decrease in income was attributable to conditions set by TWA’s bankruptcy creditors.

Husband’s income and expense statement indicated that his gross monthly pay was $3,090.51, and that in addition he earned $205.00 per month from an aquarium business. However, at trial Husband testified that he had discontinued the aquarium business because he had contracted a bacterial infection from the water. His income and [703]*703expense statement indicated monthly expenses of $2,386.66. However, his $368.00 monthly car payment was listed twice in the document — once as a payroll deduction and once as an additional expense. Husband also acknowledged that, at the time of trial, his rent and utilities combined were $380.00 less than the amount indicated in the statement, but he added that he was then living in a $310.00-per-month studio apartment which was inadequate for his needs. Husband was also unable to identify what debts were being repaid by the $753.00 in monthly debt payments listed in the statement.

Wife testified that she had completed one and a half years of college when she quit school, got married, and began working. She worked as a clerk for AT & T from 1968 to 1976, and then quit working to stay home and raise the couple’s children. In January of 1993, after the separation, she began working in the layout department of a publishing company which produced school yearbooks. Wife testified that her hourly wage was $5.75, and that she was subject to periodic layoffs because the nature of the work was seasonal.

Wife’s income and expense statement indicated that her monthly gross pay was $997.00, and that her monthly expenses were $2,680.00. Her stated monthly expenses included mortgage payments of $701.00, and anticipated automobile expenses of $323.00, although she did not have an automobile at the time of trial. Her stated monthly expenses also included $141.68 in anticipated payments for health insurance, since her existing benefits would cease with the decree of dissolution.

Wife testified that she wanted to return to college to obtain a degree in the graphic arts, and that her stated monthly expenses also included $400.00 in anticipated costs related to her continued schooling. She further testified that Park College, where she planned to enroll, would accept some of her previous college credits so she could graduate in three years.

There was also considerable testimony during trial about Husband’s repeated physical abuse of Wife during their marriage, as well as testimony about Husband’s extramarital sexual conduct. Wife testified that she eventually had to seek an order of protection from Husband. There was also testimony about Husband’s vindictive destruction of marital property by vandalizing the automobile driven by Wife and rendering it inoperable. In its decree of dissolution, the trial court explicitly noted Husband’s marital misconduct and stated that his behavior would be a factor in the division of marital property.

The decree of dissolution awarded Wife the marital home and ordered her to assume the indebtedness on the property. In addition, Husband was ordered to pay Wife $500.00 per month in maintenance for a period of forty-eight months, and to pay $416.00 per month in child support. In its decree, the trial court explained its maintenance award as follows:

The Court finds that the evidence in this cause indicates that the Respondent, Glenda Kay Polen, intends to go back to Park College, in order to obtain a Bachelor of Science in graphic arts and it would take her approximately three years to obtain that degree. The Court finds that she is entitled to rehabilitative maintenance for that period of time that would allow her to obtain a degree.

In her first point on appeal, Wife claims that the trial court erred by limiting its award of maintenance to $500.00 per month. Wife contends that the evidence shows that, after deducting Husband’s legitimate expenses, he still has $1,000.00 per month in disposable income, and that she needs at least that amount to meet her reasonable needs. Consequently, Wife asks us to change the trial court’s award of maintenance to $1,000.00 per month.

In his income and expense statement, Husband indicated that his monthly take-home pay was $1,884.28, and that his monthly expenses were $2,386.66. However, his $368.00 monthly car payment was listed twice in the document, his rent and utilities combined were $380.00 less than the amount indicated in the statement, and he was unable to identify what debts were being repaid by the [704]*704$758.00 in monthly debt payments listed in the statement.

Husband explained the discrepancy in the rent and utilities by indicating that his current living situation was temporary and inadequate, and that the amounts on the income and expense statement represented the anticipated cost of more suitable housing. Husband also acknowledged that he had listed his monthly $368.00 car payment twice on the statement, but further indicated that since the statement was prepared his monthly car payment had increased to $460.00.

Assuming that Husband’s actual monthly car payment was $460.00 instead of $736.00, and that his claim of $753.00 in monthly debt payments was wholly unsubstantiated, Husband’s monthly expenses can be reduced by a total of $1,029.00, which would leave $1,357.66 in monthly expenses. Subtracted from a monthly take-home pay of $1,884.28, such a recalculation would leave Husband with a disposable monthly income of $526.62, which is quite close to the $500.00 amount of monthly maintenance awarded by the trial court.

Trial courts are vested with considerable discretion in awarding maintenance, and we review such an award only for an abuse of discretion. Vehlewald v. Vehlewald, 853 S.W.2d 944, 953 (Mo.App.1993). We find no abuse of discretion in the amount of maintenance awarded in the case at bar.

In her second point on appeal, Wife claims that the trial court erred by ordering a maintenance award of limited duration. Wife contends that there was insufficient evidence to show that, at the end of the four-year period, her financial condition would be sufficiently improved for her to support herself.

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Cite This Page — Counsel Stack

Bluebook (online)
886 S.W.2d 701, 1994 Mo. App. LEXIS 1721, 1994 WL 612412, Counsel Stack Legal Research, https://law.counselstack.com/opinion/polen-v-polen-moctapp-1994.