Steffens v. Steffens

773 S.W.2d 875, 1989 Mo. App. LEXIS 952, 1989 WL 70173
CourtMissouri Court of Appeals
DecidedJune 27, 1989
Docket54739
StatusPublished
Cited by13 cases

This text of 773 S.W.2d 875 (Steffens v. Steffens) 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
Steffens v. Steffens, 773 S.W.2d 875, 1989 Mo. App. LEXIS 952, 1989 WL 70173 (Mo. Ct. App. 1989).

Opinion

SIMON, Judge.

Husband, Michael Steffens, appeals from a decree of dissolution of his marriage to *876 wife, Darlene Steffens, which awarded primary custody of the parties’ minor children to wife, and ordered husband to: (1) pay child support in the amount of $204.25 per month per child; (2) name the children as beneficiaries of his life insurance policy; and (3) pay wife’s attorney’s fees in the amount of $4005.00. The parties were married on October 31, 1970. They separated on September 12, 1986. The marriage produced three children: Michael Scott, bom August 28, 1971; Robert Charles, bom August 9, 1973; and James Ray, bom June 28, 1976. At the time of the dissolution, the children were ages 16, 14, and 11, respectively.

On appeal, husband contends that: (1) the trial court abused its discretion in awarding child support at the level ordered; (2) the trial court abused its discretion in ordering husband to irrevocably designate wife as beneficiary of his life insurance policy; and (3) the trial court abused its discretion by ordering husband to pay wife’s attorney’s fees when, other than sick pay, he was essentially unemployed and had no funds, and wife was employed and possessed of sufficient assets to pay her own fees. We affirm in part and reverse in part.

This case is governed by the well-known principles of Murphy v. Carron, 536 S.W.2d 30 (Mo. banc 1976). We will affirm the trial court’s judgment unless there is no substantial evidence to support it, unless it is against the weight of the evidence, unless it erroneously declares or applies the law. Id. at 32[l-3]. Further, “[a]s trier of fact, it is the function, indeed the duty, of the trial court to decide the weight and value to be given to the testimony of any witness. On appeal, we view the evidence in a manner favorable to the decree and disregard contradictory evidence.” Wynn v. Wynn, 738 S.W.2d 915, 918[1] (Mo.App.1987) (citation omitted). “We defer to the trial court even if the evidence could support a different conclusion.” Id.

In his first point, husband contends that the trial court abused its discretion in awarding child support in the amount of $204.25 per month per child. Husband argues that the trial court did not properly consider his present financial condition, the trial court did not properly follow the statutory guidelines for determining child support, and that the award was not supported by sufficient evidence.

Initially, we note that the trial court has considerable discretion in awarding child support. Such an award shall not be disturbed unless the evidence is “palpably insufficient” to support it, and an appellate court will not substitute its judgment for that of the trial court absent a manifest abuse of discretion. Hogrebe v. Hogrebe, 727 S.W.2d 193, 195[1] (Mo.App.1987) (citations omitted). In Hogrebe, we stated that:

In determining the ability of a noncustodial parent to pay child support, the trial court may properly consider both past and present earnings. In Re Marriage of Deatherage, 595 S.W.2d 36, 40 (Mo.App.1980). Direct proof of present employment and income is not in itself the only avenue of proof of ability to pay. Reeber v. Reeber, 680 S.W.2d 358, 359 (Mo.App.1984), “A court may, in proper circumstances, impute an income to a husband according to what he could have earned by the use of his best efforts to gain employment suitable to his capabilities.” Foster ¶. Foster, 537 S.W.2d 833, 836 (Mo.App.1976) (emphasis added).

Hogrebe, 727 S.W.2d at 195[2].

The evidence, viewed in the light most favorable to the decree, reveals the following. Wife is thirty-five years old and received her GED approximately five years ago. She and her three children currently reside with her mother, but they are looking for an apartment. Wife currently works at Schnucks in the bakery department. She averages thirty-one to forty hours per week and earns $6.38 per hour. Her income for the past four years has been $10,533.00 in 1987, $7100.00 in 1986, $4500.00 in 1985, and $560.00 in 1984.

*877 Husband is thirty-seven years old. He is currently employed with Chrysler Motors Corporation and has been working on the assembly line on and off for approximately ten years. His income for the past four years has been $19,000.00 in 1987, $32,-309.00 in 1986, $28,000.00 in 1985, and $30,-446.00 in 1984. During periods when he was not working at Chrysler, he operated heating and cooling and appliance businesses. Wife testified that husband made enough money from these businesses to support their family.

At the time of the dissolution hearing, husband had been on sick leave from Chrysler for approximately four months receiving disability payments from Chrysler of $257.00 per week. He was seeing a psychiatrist for depression and attempted, through that psychiatrist’s testimony, to demonstrate that he was mentally unable to continue working on the Chrysler assembly line. On cross-examination however, the psychiatrist admitted that he did not give husband any psychological tests or evaluations and agreed that had he done so, they might more objectively determine whether or not husband was clinically depressed. The psychiatrist also admitted that he did not know exactly what husband’s job was a Chrysler, and stated that he did not know husband’s prognosis regarding whether he will be able to go back to work at Chrysler. The psychiatrist did agree that it would be beneficial for husband to have a job and to work on a daily basis.

Based on the foregoing, we conclude that there was substantial evidence to support the award of $204.25 per month per child. No evidence was presented to establish that husband could not resume working at Chrysler in the future or find employment in the heating and cooling or appliance business. The trial court did not abuse its discretion.

In his second point, husband contends that the trial court abused its discretion in ordering him to irrevocably designate wife as beneficiary of his life insurance policy. The decree orders husband to designate the children as beneficiaries, however, rather than his wife. After reviewing the argument portion of husband’s brief and his oral argument before our court, it is clear that it was the children’s designation as beneficiaries that husband intended to contest on appeal, and we shall review this point on that basis.

In Metropolitan Life Insurance Company v. Alcorn, 674 S.W.2d 115 (Mo.App.1984), we stated that:

A parent in Missouri is not required to support his children after the parent dies.

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Bluebook (online)
773 S.W.2d 875, 1989 Mo. App. LEXIS 952, 1989 WL 70173, Counsel Stack Legal Research, https://law.counselstack.com/opinion/steffens-v-steffens-moctapp-1989.