Nicole Lynn Martin v. Matthew Ray Martin
504 S.W.3d 130
| Mo. Ct. App. | 2016Background
- Husband (Matthew) and Wife (Nicole) married in 1998, separated May 2014; one child (Daughter) born during marriage (16 at filing). Wife filed for dissolution in June 2014; Husband counter-petitioned.
- Prior to the dissolution, Wife obtained ex parte orders of protection for herself and Daughter after an alleged knife incident; a full adult order was later entered and the child order remained in effect pending further proceedings.
- A temporary order (Oct 9, 2014) required Husband to maintain health insurance for Daughter and pay $523/month child support, with wage withholding through the Family Support Payment Center.
- On Jan 27, 2015 the court found Husband in contempt for failing to pay November–December 2014 child support (employer never received withholding paperwork) and ordered $1,046 back support plus $500 attorney fees; enforcement of that contempt was not shown in the record.
- Trial on dissolution was held April 2015; the court dissolved the marriage, awarded Mother sole physical custody and joint legal custody to both parents, set a parenting plan giving Husband parenting time as agreed with Daughter, continued $523/month child support, and valued/divided marital assets (including retirement accounts Husband had withdrawn).
Issues
| Issue | Martin (Plaintiff/ Appellant) Argument | Martin (Defendant/ Respondent) Argument | Held |
|---|---|---|---|
| 1. Appealability of contempt order | Contempt finding was erroneous; judgment insufficiently detailed; attorney fees improper | Contempt order not yet enforced and thus not appealable | Contempt appeal dismissed for lack of final, appealable judgment (no enforcement shown) |
| 2. Sufficiency of contempt findings | Contempt not proven; court failed to state facts constituting contempt | Court had found failure to pay required support and disregard of court orders | Not reached on merits due to dismissal of appeal |
| 3. Attorney fees in contempt judgment | Fees not proper as part of contempt sanction | Fees awarded as costs resulting from contempt (but enforcement lacking) | Not reached on merits due to dismissal of appeal |
| 4. Custody (award of sole physical custody to Mother) | Court improperly removed custody without showing Father unfitness | Mother argued best-interest factors favored her; Daughter’s strained relationship with Father supported arrangement | Affirmed: substantial evidence supported sole physical custody to Mother and parenting plan giving Father time by agreement |
| 5. Valuation of Husband’s retirement accounts | Court erred in valuing MetLife and MBS accounts (Husband cashed out MetLife; MBS worth less) | Court could disbelieve Husband’s testimony about expenditures/values and assign asset values accordingly | Affirmed: court credited Mother’s values and could disbelieve Husband’s explanations, awarding the accounts to Husband in division |
Key Cases Cited
- Long v. Long, 469 S.W.3d 10 (Mo. App. 2015) (appellate jurisdictional requirement for contempt appeals)
- Davis v. Davis, 475 S.W.3d 177 (Mo. App. 2015) (finality requirement for contempt orders)
- Emmons v. Emmons, 310 S.W.3d 718 (Mo. App. 2010) (contempt order not appealable until enforcement by fine or imprisonment)
- Murphy v. Carron, 536 S.W.2d 30 (Mo. 1976) (standard of appellate review in divorce cases)
- Jenkins v. Jenkins, 368 S.W.3d 363 (Mo. App. 2012) (appellate review application in dissolution cases)
- Schubert v. Schubert, 366 S.W.3d 55 (Mo. App. 2012) (valuation date for marital property and treatment when assets are squandered)
- Shaw v. Shaw, 413 S.W.3d 332 (Mo. App. 2013) (appellate deference to trial court credibility determinations)
- Travelers Commercial Cas. Co. v. Vac-It-All Servs., Inc., 451 S.W.3d 301 (Mo. App. 2014) (discretion to consider merits despite briefing deficiencies)