Baker v. Baker, No. 17341

• Decision Date: 20 September 1991
• Docket Number: No. 17341
• Citation: 815 S.W.2d 493
• Parties: Brenda Lee BAKER, Petitioner-Respondent, v. John Michael BAKER, Respondent-Appellant.
• Court: Missouri Court of Appeals

Page 493

815 S.W.2d 493

Brenda Lee BAKER, Petitioner-Respondent, v. John Michael BAKER, Respondent-Appellant.

No. 17341.

Missouri Court of Appeals,

Southern District,

Division Two.

Sept. 20, 1991.

W. Henry Johnson, Douglas, Douglas, Johnson & Wood, Neosho, for petitioner-respondent.

Douglas K. Crandall, John J. Podleski, Crandall & Dally, Carthage, for respondent-appellant.

MAUS, Judge.

John Baker and Brenda Baker's marriage of 13 years was dissolved on December 5, 1990. The couple had one child, John Curtis Baker, born July 11, 1981. Custody of the child was awarded to John and Brenda jointly, with Brenda to be the primary custodian. The value of marital and nonmarital property awarded to Brenda was $21,728.46. The value of marital and nonmarital property set aside to John was $21,316.77. John was ordered to pay Brenda $385.00 per month for child support. Also, he was ordered to pay her $450.00 per month maintenance for a period from December 1, 1990 through September 1, 1995 for her support. John appeals.

John's only point on appeal is

"[t]he trial court abused its discretion in awarding Brenda maintenance in that ... there was no evidence produced at trial to establish Brenda's inability to support herself or that custody of the minor child makes it appropriate that she not seek employment."

Following is a basic outline of the facts necessary for the disposition of this case. Brenda graduated from Neosho High School in 1974. After graduating from high school, she worked for a period of time at Wal-Mart and then as a clerk for Jon's Pharmacy. After that, she went to work for J.C. Penney where she met John. She worked there until she and John married on July 29, 1977. She quit because of the store rule forbidding married couples from working at the same store. Subsequently, she went to work for KBTN Radio, where she worked as a receptionist for about one year. In August of 1978, she quit KBTN Radio because her husband wanted her "to be a housewife". From August 1978 until approximately 1987 Brenda had no outside employment. The parties agreed that Brenda was to stay home and raise their child until approximately 1987.

In 1987, after John requested that she obtain employment, Brenda took part-time employment with a funeral home in Neosho. Her duties included answering the phone, greeting people and doing occasional typing. She worked about 12 hours per week. In January of 1990, Brenda became employed as a part-time teacher's aid at Benton School in Neosho, Missouri. There she graded papers and assisted the teacher. Brenda's employment opportunities are limited due to a prolapsed mitral valve of the heart. As a result of physical problems, she is prohibited from taking any strenuous employment, such as factory work. She cannot stand on her feet for long hours nor can she work in the heat. She takes medication for her physical problems.

John's work history consisted of the following. He worked at J.C. Penney when the couple was first married. Next, he worked at Talbot Wire Industries. After he left Talbot, he worked at La-Z-Boy Midwest. Then he worked for Acme Manufacturing in Diamond. Subsequently, he started work for his current employer, Southwest Engineering Company, where he was promoted from machinist to supervisor of the machine shop in April of 1989.

In 1986, John made $27,405.00 and Brenda had no income. The 1987 income tax return was not available. In 1988, John's income amounted to $27,141.00 and Brenda's amounted to $1,338.00. In 1989, John's income was $31,054.00 and Brenda's was $1,367.00.

At the time of the trial, Brenda was a student at Crowder Junior College in Neosho. She is studying to be an elementary school teacher. Brenda obtained a Pell Grant and scholarship to pay for her college tuition and books. She works on a work-study program approximately 12 hours a month...