Walton v. Walton

789 S.W.2d 64, 1990 Mo. App. LEXIS 387, 1990 WL 26415
CourtMissouri Court of Appeals
DecidedMarch 13, 1990
DocketNo. WD 41788
StatusPublished
Cited by4 cases

This text of 789 S.W.2d 64 (Walton v. Walton) 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
Walton v. Walton, 789 S.W.2d 64, 1990 Mo. App. LEXIS 387, 1990 WL 26415 (Mo. Ct. App. 1990).

Opinion

FENNER, Judge.

The marriage between Regina Walton and Eugene Walton was dissolved on May 20, 1988. The court ordered Eugene Walton to pay Regina Walton $300.00 per month maintenance, divided certain property between the parties and ordered Eugene Walton to pay Regina Walton $2,695.00, part of her attorney’s fees. The court also [66]*66overruled Regina Walton’s motion to hold Eugene Walton in contempt for failure to pay temporary maintenance of $500.00 per month, pursuant to an order of October 7, 1987.

On December 22, 1988, Regina Walton filed her “First Amended Motion and Application to Cite and Hold [Eugene Walton] in Contempt of Court.” In the motion Regina Walton alleged that Eugene Walton failed to pay the October 15, 1987, temporary maintenance award and the May 20, 1988, awards of maintenance and partial attorney fees.

Eugene Walton filed his response on January 3, 1989, admitting that all of the orders described in the motion had been entered by the trial court and that he had not complied with any of the orders. He denied that his non-compliance was willful and stated that his non-payment was due to the fact he had insufficient funds to comply with those orders.

On March 4, 1989, a hearing on Regina Walton’s motion was held wherein Eugene testified that he had made no payments because he is a full-time Prophet of the Restored Church of Jesus Christ and as such does not work outside the church. He testified that he was forbidden, by the commandment of God, to enter the business world to make additional income. He also testified that he owns no property, has no bank accounts and receives a stipend of $17.50 per week from the church to pay for incidental expenses. Eugene stated that all funds are held by the Church and controlled by vote of the membership, that because the church was in poor financial condition, its members voted not to provide him with the money necessary to comply with the trial court’s orders to pay maintenance and attorney fees. Eugene Walton testified that he had not transferred property to Regina Walton pursuant to the dissolution decree because the church owned that property, that he had no control over it and the church had decided not to give the property to Regina because she was considered a transgressor against the laws of God.

Following the hearing, Eugene Walton was found to be in contempt and committed to jail until such time as he paid the sums due. Concerning the property, the court likewise found Eugene in contempt for failure to turn said property over to Regina. Eugene was committed to jail until such time as he complied with the order.

Eugene Walton was incarcerated in the Jackson County Detention Center from March 14, 1989, until September 6, 1989, at which time he was released pursuant to a supersedeas bond. It is from the Judgment of Contempt and Warrant for Commitment that Eugene appeals.

It is worthy of note that this is not Eugene Walton’s first time before this court. On March 21, 1989, this court issued its decision in Walton v. Walton, 769 S.W.2d 162 (Mo.App.1989), Eugene’s direct appeal from the underlying dissolution decree. The trial court’s award of maintenance and attorney fees was upheld, but the award of household goods and certain other property was reversed in that such property was found to have been validly conveyed to the church. On remand a revised judgment was entered consistent with the appellate decision.

In his Point I, Eugene Walton argues that the trial court abused its discretion by imprisoning him for contempt because he was financially unable to pay the required maintenance and attorney’s fees. Eugene argues that he only receives a stipend of $17.50 per week from his church. It is Eugene’s position that he is forbidden, by the commandment of God, to enter the business world to make additional income.

Trial courts are empowered to punish by imprisonment for contempt the failure of a person to comply with orders for payment of maintenance and child support. State ex rel. Stanhope v. Pratt, 533 S.W.2d 567, 575 (Mo. banc 1976). Imprisonment for contempt can also be used to enforce a dissolution decree requiring a party to pay the other party’s attorney’s fees. Haley v. Haley, 648 S.W.2d 890, 891-92 (Mo.App.1982). Before ordering imprisonment the trial court should be convinced that the person is financially able to make the required [67]*67payments or that he has intentionally and contumaciously placed himself in a position so that he could not comply with the court orders. State ex rel. Stanhope, 533 S.W.2d at 575.

The trial court found Eugene Walton to have the ability to work and earn sufficient income to pay the maintenance and attorney’s fees as ordered, but that he willfully and intentionally disobeyed the orders. Eugene’s only defense in this regard was that he was forbidden, by the commandment of God, to enter the business world to make income in addition to the $17.50 per week that he was allowed by his church.

The family is not beyond regulation in the public interest as against a claim of religious liberty. Prince v. Commonwealth of Massachusetts, 321 U.S. 158, 166, 64 S.Ct. 438, 442, 88 L.Ed. 645 (1944). Only the religious freedom to believe is absolute; freedom to act remains subject to regulation for the protection of society. Hester v. Barnett, 723 S.W.2d 544, 558 (Mo.App.1987). The state may justify an inroad on religious liberty by showing that a regulation is the least restrictive means of achieving a compelling state interest. Penner v. King, 695 S.W.2d 887, 890 (Mo. banc 1985).

Even if, in the case at bar, enforcing the court’s order for the payment of maintenance and attorney’s fees could be considered an inroad on religious liberty, the state has ample justification. It is of the utmost importance for the state to maintain a system that strives for the orderly and civilized dissolution of a family unit. When that unit is dissolved, the state is rightfully concerned that all parties be treated fairly and be given an opportunity, to the fullest extent possible, to continue their lives in an independent fashion without the assistance of public funds to maintain a decent standard of living.

A motion for civil contempt is addressed to the sound discretion of the trial court, and the reviewing court will not disturb such a judgment in the absence of a clear abuse of discretion. Hoog v. Hoog, 545 S.W.2d 303, 306 (Mo.App.1976). There was no such abuse of discretion by the trial court in the case at bar. Point I is denied.

In Point II, Eugene Walton argues that the motion for contempt was improperly before the trial court because it alleged failure to pay $500 per month temporary maintenance as ordered on October 15, 1987.

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Bluebook (online)
789 S.W.2d 64, 1990 Mo. App. LEXIS 387, 1990 WL 26415, Counsel Stack Legal Research, https://law.counselstack.com/opinion/walton-v-walton-moctapp-1990.