Yount v. Yount

821 S.W.2d 876, 1991 Mo. App. LEXIS 1930, 1991 WL 276712
CourtMissouri Court of Appeals
DecidedDecember 31, 1991
DocketNo. 17304
StatusPublished
Cited by6 cases

This text of 821 S.W.2d 876 (Yount v. Yount) 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
Yount v. Yount, 821 S.W.2d 876, 1991 Mo. App. LEXIS 1930, 1991 WL 276712 (Mo. Ct. App. 1991).

Opinion

PARRISH, Judge.

This is an appeal from certain awards made by the trial court in an action for dissolution of marriage. Appellant Ricky Randal Yount (husband) appeals the distribution of marital property, the award of maintenance to respondent June Ellen Yount (wife), and the award of custody of the two minor children of the parties. This court affirms.

As a court-tried case, this case is reviewable in the manner prescribed by Rule 73.-01(c) as that rule has been interpreted in Murphy v. Carron, 536 S.W.2d 30, 32 (Mo. banc 1976). Further, as stated in Buchheit v. Buchheit, 768 S.W.2d 641, 642 (Mo.App.1989):

When there is a conflict in the evidence, the trial court determines the credibility of the witnesses. Ware v. Ware, 647 S.W.2d 582, 584 (Mo.App.1983). The judgment of the trial court is to be affirmed under any reasonable theory supported by the evidence. Id. Deference is accorded the trial judge even if there is evidence which might support a different conclusion. Id.

The parties to this action married November 30, 1974. The wife filed her petition seeking dissolution of the marriage November 2,1989. On November 29,1990, the trial court entered a decree of dissolution. The decree divided marital property between the parties; awarded primary custody of the two minor children of the parties to the wife; granted visitation rights with the children to the husband; ordered the husband to pay child support in the amount of $200 per month; and awarded maintenance to the wife in the amount of $100 per month. Additional facts that relate to the issues presented by this appeal will be set forth, as applicable, in the discussions of the various points presented.

The husband’s first point on appeal is directed to the trial court's division of marital property. It asserts that the “division of the marital assets and debts” is “disproportionate” and contends that the trial court’s division of marital property “amounted to improper judicial censure because the court placed undue emphasis upon [his] marital misconduct.” He argues “that the majority of evidence relating to such conduct was inadmissable hearsay;” that “there was no evidence that the misconduct imposed additional burdens on [his wife] or any damage to her.”

Section 452.3301 directs that in dividing marital property, a court shall consider “all relevant factors,” including (1) economic circumstances of each spouse; (2) contributions of each spouse to the acquisition of marital property; (3) value of any nonmari-[878]*878tal property set aside to each spouse; (4) conduct of each spouse during the marriage; and (5) the custodial arrangements for minor children. In considering economic circumstances, the court is to consider the desirability of providing for the family home to be available to the party who has custody of the children of the marriage. The relative contributions of the parties to acquisition of marital property is to include assessment of contribution of a spouse as homemaker.

The trial court received evidence regarding the economic circumstances of the parties. Joint income tax returns for 1987 and 1988 were admitted in evidence and each party’s individual income tax return for 1989 was admitted in evidence. There was testimony regarding the price originally paid for the residence that had been the family home and estimates as to its value at the time of the trial. The wife testified about the financial aspects of a trucking business the parties had operated. She had maintained the financial records and had paid the bills incurred in the operation of the business. The husband had driven and maintained a tractor-trailer as an “owner-operator.” There was testimony regarding the cost of the tractor-trailer, the amount owed on the debt incurred for its purchase and the condition of the equipment at the time of trial. Each party filed written statements identifying the property they owned and their estimates as to its value, as well as statements of income and living expenses.

The role of each party during the marriage was explained, including that the wife stayed in the home — that the husband wanted her to stay home with the children. She testified that there were times when she would have liked to have a job, but he did not want her to get a job. There was no evidence of any nonmarital property.

The trial court heard testimony about the conduct of the parties during the marriage. The wife testified that her husband had “several different affairs” with other women; that he had admitted his involvement in several affairs to her; that the affairs had occurred “all through the marriage.” She was asked the following questions and gave the following answers:

Q. Okay. Can you tell the Court how you discovered that your husband was involved with other women?
A. You live with somebody, you pretty well — I mean, you know, you know. You can tell the way they act. I began to suspicion different things happening, and I began to look for signs of this act.
Q. How would you look for signs?
A. Once, in his pickup truck, I found a condom, which we did not need—
Q. What [sic] didn’t you need it?
A. —because I was on birth control pills; and he didn’t know how it got in his pickup. That was his response whenever I questioned him about it. I have found them in the big truck, the semi-truck, when he was driving for other people, plus the one that we own now. I found cards, pictures, phone numbers of women....

The parties had one previous separation. It occurred because of the husband’s affairs with other women. They reconciled. The following testimony was given with respect to what occurred after the reconciliation:

Q. And what happened after that?
A. He was faithful probably a year, and he went back to it again.
Q. And that’s why you’re here today?
A. Yes, it is.

The wife testified that she found illegal drugs “three or four times” in the truck her husband drove.

Each party testified about how he or she would provide for the children if awarded custody. The wife asked for the court to award her the house. She desired to continue to have it for use as her and the children’s residence. The husband testified that his mother and other family members were available to help with the children if he needed them, “they’ll be there.”

The court divided the marital property as follows:

[879]*879To Husband
The trucking business and “all assets thereof including the 1983 Kenworth tractor and 1987 Ravens Trailer.”
All household goods, supplies, furnishings, and personal effects in his possession at time of trial.
1977 Chevrolet pickup truck.
1 Honda three-wheeler.
His own bank account and “IRA.”
To Wife
The marital home.

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Bluebook (online)
821 S.W.2d 876, 1991 Mo. App. LEXIS 1930, 1991 WL 276712, Counsel Stack Legal Research, https://law.counselstack.com/opinion/yount-v-yount-moctapp-1991.