Marriage of Atchley v. Atchley
2011 Mo. App. LEXIS 299
| Mo. Ct. App. | 2011Background
- Marriage in 1995, two children ages nine and three at trial.
- Parties separated in 2008; wife filed for dissolution after discovering husband’s affair with her best friend.
- Husband moved his girlfriend and her children into the marital home and used marital assets to support them, with no income from the girlfriend.
- Trial court found misconduct, awarded wife sole legal custody, joint physical custody, $1,500 monthly maintenance, and $1,483 monthly child support; ordered husband to pay 65% of wife’s student-loan debt.
- On appeal, husband challenges maintenance and custody decisions; court reverses maintenance (and related child support) and remands for further evidence and reconsideration; affirms other rulings.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Maintenance awards under §452.335.1 | Atchley argues threshold requirement not met; court failed to consider retirement-property income and imputing income. | Atchley contends court properly exercised discretion without imputing additional income. | Maintenance reversed and remanded for reconsideration. |
| Income from retirement-property and imputation | Wife has retirement funds; income from assets should be considered. | No imputation required beyond facts; evidence lacking. | Remanded for additional evidence and Hill-based evaluation. |
| Calculation of wife’s reasonable expenses | Daycare and other child-related costs improperly inflating maintenance needs. | Some child-related expenses belong to child support, not maintenance. | Maintenance reversed and remanded to exclude child-expense double-counting. |
| Religious beliefs inquiry in custody | Trial court impermissibly considered religious beliefs to influence parenting plan. | Inquiry inappropriate but did not prejudice custody outcome. | No reversal of custody; error acknowledged but judgment affirmed. |
Key Cases Cited
- Murphy v. Carron, 536 S.W.2d 30 (Mo. banc 1976) (standard for reviewing dissolution judgments; substantial evidence and weight of evidence)
- Lee v. Lee, 117 S.W.3d 693 (Mo. App. E.D. 2003) (standard of review for dissolution actions; view evidence in light of trial court"s judgment)
- Hill v. Hill, 53 S.W.3d 114 (Mo. banc 2001) (consideration of income from marital property in maintenance awards)
- Fischer v. Fischer, 66 S.W.3d 43 (Mo. App. E.D. 2001) (imputation and consideration of income; discretion in maintenance awards)
- Nichols v. Nichols, 14 S.W.3d 630 (Mo. App. E.D. 2000) (maintenance vs. child support segregation; expensesNot included in maintenance)
- Waites v. Waites, 567 S.W.2d 326 (Mo. banc 1978) (prohibition on considering religious beliefs in child custody; permissible inquiry into child development)
- LaRocca v. LaRocca, 135 S.W.3d 522 (Mo. App. E.D. 2004) (requirement to show prejudice when challenging custody or related rulings)