Bagley v. Bagley, 33738
| Decision Date | 24 November 1970 |
| Docket Number | No. 33738,33738 |
| Parties | Frances Jeanette BAGLEY, Now Known as Frances Taylor, Plaintiff-Respondent, v. Everett Richard BAGLEY, Defendant-Appellant. |
| Court | Missouri Court of Appeals |
William P. Chulick, St. Louis, for defendant-appellant.
C. Arthur Anderson, William B. Quinn, St. Louis, for plaintiff-respondent.
This is an appeal by the divorced husband from a judgment of the Circuit Court of the City of St. Louis in favor of plaintiff modifying a divorce decree by increasing child support payments from $12.50 per week to $37.50 per week. The court also awarded plaintiff $150.00 for attorney fees. Defendant makes no complaint about the attorney fees award.
Defendant contends that the court erred in increasing the child support from $12.50 to $37.50 per week because the evidence was wholly insufficient to support such an increase and the court failed to consider the child's needs in relation to the father's ability to pay. We agree.
A decree of divorce was granted plaintiff on June 29, 1959 and defendant was ordered to pay $12.50 per week for the support of their one son who was then ten years old. In June of 1962 defendant voluntarily increased the child support payments to $15.00 per week.
Plaintiff alleges in her petition that their son is now 18 years old and is entering college and that the support money is insufficient for his support and education.
The son attends Washington University at night on a scholarship and pays no tuition. He attends nine hours of classwork a week. He lives with his mother. He works at a department store four or five hours a day four days a week and eight hours on Saturday. His gross salary is from $30.00 to $40.00 per week and he nets from $25.00 to $35.00 a week. He would like to go to school full time and not work. The testimony concerning his expenses is as follows: Clothing $200.00--$400.00 a year; meals at school $8.00 a week; gasoline for auto $6.00 a week; $5.00 a week for recreation. The plaintiff testified that she needed $30.00 a week for the son. The son drives a 1967 Mustang which is in poor condition. This is the extent of the testimony by the plaintiff and the son as to his needs and expenses.
The defendant-husband's testimony is as follows: He works for the Terminal Railroad Association, his gross salary per week is $129.65 and his net salary is $85.00; $350.00 per year is deducted from his gross salary for railroad retirement. His living expenses a week are as follows: hotel room $11.95; food $24.00; auto expenses $6.00; smoking $6.30; clothing $2.50; laundry $2.25; miscellaneous expenses including recreation and toilet articles.$9.00; payment on loan $5.00; payment on department store account $5.00; child support $15.00. His total expenses are about $87.00 per week. He has no money in bank; owns no stocks or bonds and drives a 1966 Chevrolet II.
Our review is governed by Civil Rule 73.01(d), V.A.M.R....
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