400 S.W.3d 851
Mo. Ct. App.2013Background
- Husband and Wife married in August 1987; Wife took care of three children and did not work from 1988 to 1999.
- Wife later worked for 6Star Management, a company owned by both spouses; she is the sole employee and works long hours.
- Husband was vice president of a construction company during the marriage.
- During the marriage, Husband verbally and physically abused Wife, causing PTSD and physical injuries.
- Parties separated in December 2007; Judgment of Dissolution entered in November 2011.
- On appeal, Wife cross-appeals the division of Husband’s retirement accounts and the need for a proper QDRO; court affirms in part, reverses for remand on QDRO issues.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Child support calculation accuracy | Ruffino argues Wife's gross income miscalculated | Ruffino contends Form 14 misapplied; depreciation adjustments too narrow | No error; trial court properly calculated gross income per Rule 88.01. |
| Maintenance award correctness | Ruffino contests maintenance amount under §452.335.2 | Ruffino asserts court failed to properly weigh needs and resources | Maintenance within statutory factors; not clearly unwarranted. |
| Asset division validity | Ruffino claims improper valuation/distribution | Ruffino challenges handling of assets incl. Rams tickets and property | No reversible error; broad discretion fits factual record. |
| QDRO retirement account division | Wife seeks specific allocation from three accounts and appreciation/ losses | Court failed to specify source accounts and treatment of gains/losses | Remanded for clarifications; specify amounts from each account and whether includes appreciation or losses. |
Key Cases Cited
- Murphy v. Carron, 536 S.W.2d 30 (Mo. banc 1976) (standard of review in court-tried cases; deference to credibility)
- Neal v. Neal, 281 S.W.3d 330 (Mo.App. E.D.2009) (credibility and weight of evidence; findings inferred from result)
- In re Marriage of Harvey, 48 S.W.3d 674 (Mo.App. E.D.2001) (gross income for Form 14; depreciation/ non-cash reductions allowed)
- Souci v. Souci, 284 S.W.3d 749 (Mo.App. S.D.2009) (maintenance award presumptively correct; needs not be patently unwarranted)
- Neu v. Neu, 167 S.W.3d 791 (Mo.App. E.D.2005) (exclude child-related expenses from maintenance; consider net income)
- Childers v. Childers, 26 S.W.3d 851 (Mo.App. W.D.2000) (allow reasonable above-itemized expenses; day-to-day needs consideration)
- Angell v. Angell, 328 S.W.3d 753 (Mo.App. S.D.2010) (trial court credibility determinations; deference on property division)
- In re Marriage of Green, 341 S.W.3d 169 (Mo.App. E.D.2011) (QDRO requirements and alternate payee designation)