400 S.W.3d 14
Mo. Ct. App.2013Background
- Husband Jody Valentine and Wife Christine Valentine married in 1999 and have two children.
- The parties separated in December 2008; Wife filed for dissolution in January 2010.
- Post-trial judgment awarded Wife modifiable maintenance of $1,100/month, joint custody, Wife $1,401/month child support, and division of marital/nonmarital property with Husband contributing $10,000 toward Wife’s attorney’s fees.
- Marital assets were divided, with Wife receiving $282,540 and Husband $241,786.22; Husband also claimed $33,000 of his Merrill Lynch IRA as his separate property, based on pre-marital contributions.
- Husband challenged maintenance, property division, dissipation of assets, custody, residential parent designation, child support, and attorney’s fees on appeal.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Rule 73.01 findings | Husband requested specific findings on controverted facts. | Court failed to provide requested findings. | Rule 73.01 findings were sufficient; no reversal. |
| Wife's reasonable needs for maintenance | Maintenance should be based on Wife’s needs after considering marital assets. | Maintenance calculated without properly considering assets as income. | Remand to consider Wife’s needs in light of her marital assets. |
| Husband’s ability to pay maintenance | Court should consider Husband’s ability to pay given child support and income. | Court did not err in considering income and ability to pay. | Maintenance affirmed; no abuse of discretion. |
| Distribution of marital property | Husband contributed more income and $70,000 of separate funds to marital assets. | Court’s 47%-53% division was appropriate and properly considered factors. | No abuse of discretion; division affirmed. |
| Custody and residential parent | Husband challenges joint custody and Wife as residential parent due to alleged concerns about Wife’s health. | Trial court appropriately weighed best interests and credibility; no error in joint custody or residential parent designation. | Joint legal/joint physical custody and Wife as residential parent affirmed. |
Key Cases Cited
- Lattier v. Lattier, 857 S.W.2d 548 (Mo.App. E.D.1993) (Rule 73.01 findings tied to review)
- Cohen v. Cohen, 178 S.W.3d 656 (Mo.App. W.D.2005) (findings sufficiency for appellate review)
- Balven v. Balven, 734 S.W.2d 909 (Mo.App. E.D.1987) (consideration of earning potential in maintenance)
- Ferry v. Ferry, 327 S.W.3d 599 (Mo.App. E.D.2010) (trial court discretion in maintenance awards)
- Hill v. Hill, 53 S.W.3d 114 (Mo.banc 2001) (consider income from retirement/IRA in maintenance calculation)
- Schubert v. Schubert, 366 S.W.3d 55 (Mo.App. E.D.2012) (consideration of marital vs. nonmarital property and income)
- Garrison v. Garrison, 255 S.W.3d 37 (Mo.App. W.D.2008) (source-of-funds rule for retirement assets)
- Herr v. Herr, 705 S.W.2d 619 (Mo.App. S.D.1986) (Herr formula for mixed contributions to property)
- Nevins v. Green, 317 S.W.3d 691 (Mo.App. W.D.2010) (assessing Form 14 exemptions and support tax implications)
- Trausch-Azar v. Trausch, 983 S.W.2d 199 (Mo.App. E.D.1998) (Form 14 income presumptions and adjustments)
- Waite v. Waite, 21 S.W.3d 48 (Mo.App. E.D.2000) (presumption of correct property division)