Schubert v. Schubert

561 S.W.3d 787
CourtMissouri Court of Appeals
DecidedMarch 23, 2018
DocketNo. SD 34911
StatusPublished
Cited by5 cases

This text of 561 S.W.3d 787 (Schubert v. Schubert) 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
Schubert v. Schubert, 561 S.W.3d 787 (Mo. Ct. App. 2018).

Opinion

WILLIAM W. FRANCIS, JR., J.

Todd R. Schubert ("Husband") appeals the trial court's "Judgment and Decree of Dissolution" dissolving his marriage to Kelley M. Schubert ("Wife"), and issuing a modifiable award of maintenance to Wife in the amount of $2,000 per month. In two points relied on, Husband (1) argues the trial court erred in issuing the award of maintenance because the trial court's findings that Wife lacked sufficient property and employment to meet her reasonable needs were against the weight of the evidence; and (2) if our disposition is favorable as to Point I, requests remand for recalculation of Husband's child support *791obligations. Finding no merit to Husband's points, we affirm.

Factual and Procedural History

We recite the facts of this matter in accord with the principle that we view the evidence in the light most favorable to the judgment. We credit all evidence and reasonable inferences in favor of the judgment, and disregard unfavorable evidence and inferences. Landewee v. Landewee , 515 S.W.3d 691, 694 (Mo. banc 2017).

Husband and Wife were married on June 7, 1997. Seven children were born of the marriage: twins R.S. and T.S., born in 2000; K.S., born in 2002; B.S., born in 2004; D.S., born in 2006; M.S., born in 2008; and T.S., born in 2011 (collectively "the Children").

Wife worked as a nurse from 1997 to 2009. She began homeschooling the Children in 2004, and allowed her nursing license to lapse in 2013. Wife oversaw the vast majority of the Children's care, including their numerous individual extracurricular activities, such as church groups, music lessons, and sports. Wife worked part-time as a daycare worker earning $400 per month.

Husband primarily worked as an insurance agent, and also worked at a livestock auction barn.

In 2005, the parties began a chicken operation in partnership with George's Inc. Wife oversaw the management of this operation, which consisted of several different chicken houses, including one on the property by the family home. Husband would enlist the Children to work at the chicken houses, often pulling the Children away from homeschooling only a few hours after school had begun. The credited evidence was that Husband cared little for the Children's needs, including their schooling or activities, and treated them like "unpaid labor."

We note that Husband displayed aggressive, violent, negligent, and reckless behaviors toward the Children. There was credited evidence of physical injuries some of the Children had sustained by Husband, and all of the Children were in counseling because of Husband's conduct. Even when attending counseling with the Children, Husband's conduct was extreme: Husband's behavior was something the counselor "had never [before] witnessed at her office."

The parties initially separated in September 2014, after Wife learned of Husband's extra-marital affair with a younger woman. Husband and Wife reconciled after Husband reported the affair was over, and Husband and Wife began marriage counseling. During counseling, Wife learned Husband had fathered a child with his paramour during the affair and as a result, the parties again separated on May 17, 2015. Wife filed a "Petition for Dissolution of Marriage" on June 22, 2015. Thereafter, Husband filed an answer and counter petition.

The trial court entered a temporary order on August 28, 2015, whereby Husband was to pay Wife half the costs of the Children's extracurricular activities, as well as half the Children's medical, dental, and miscellaneous expenses.

The parties continued the chicken operation, but Husband would consistently pay himself for more hours than he worked, and refused to pay the Children for the substantial amount of work they performed at his insistence.

On February 18, 2016, Wife removed herself and the Children from the family home, leaving the chicken operation to Husband.

*792Thereafter, Husband consistently violated the trial court's temporary order of August 28, 2015, by failing to pay Wife half of the Children's expenses. Wife pleaded with Husband, but to no avail. Recognizing Wife's dire financial situation, friends, neighbors, and others began giving wife "gifts" in the form of Wal-Mart cards and cash.

A two-day trial commenced on August 2, 2016. Husband and Wife both testified, along with several other witnesses.1

The trial court entered its "Judgment and Decree of Dissolution" on November 8, 2016. Husband had requested the chicken operation be awarded to him and accordingly, the trial court awarded Husband the right to purchase Wife's interest in the chicken operation for $330,000,2 within ninety days. Husband was also to refinance the debt of approximately $1,603,092,3 and pay any real estate taxes due. Husband was to receive all the vehicles, equipment, machinery, and other personal property associated with the chicken operation, which included a 2012 Dodge truck valued at $26,000, but with a debt of $3,500. If Husband did not exercise his right to buy out Wife, then the chicken operation and all its assets would be sold, and the parties would divide equally the proceeds from the sale after payment of all mortgages, taxes, and expenses.

The trial court awarded Wife, as her marital property: a 1992 Ford Ranger, with no assigned value; miscellaneous personal property, with an approximate value of $2,800; a handgun with an approximate value of $600; four horses, with no assigned value; one-half of the Hen Account #4007803, or approximately $323; one-half of the money market account #4007761, or approximately $1,500; one-half of the Health Savings Account, or approximately $2,800; one-half of the Farm Bureau Life Insurance policy on Husband and Wife, or approximately $2,288; one-half of the Farm Bureau Life Insurance policy on Husband, or approximately $2,703; one-half of the Farm Bureau 401k account, or approximately $37,600; one-half of the Thrivent annuity, or approximately $18,381; one-half of the Farm Bureau annuity, or approximately $57; one-half of the Farm Bureau IRA, or approximately $1,759; and one-half of the 50 percent interest in High Road Land and Cattle Company. Wife received approximately $70,811, in marital property.4

*793

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Bluebook (online)
561 S.W.3d 787, Counsel Stack Legal Research, https://law.counselstack.com/opinion/schubert-v-schubert-moctapp-2018.