Downing v. Downing, 47765

Decision Date24 January 1976
Docket NumberNo. 47765,47765
Citation218 Kan. 549,542 P.2d 709
PartiesRhett A. DOWNING, Appellee, v. Nita Marie DOWNING, Appellant.
CourtKansas Supreme Court
MEMORANDUM OPINION

PER CURIAM:

The parties to this lawsuit were married December 22, 1968. The union produced two daughters. On August 9, 1973, the plaintiff, Rhett A. Downing, sued for divorce, alleging incompatibility. His wife, Nita Marie Downing, the defendant, cross filed, asserting the same ground.

A divorce was granted to Phett, and Nita Marie has appealed. She contends the trial court abused its discretion in making a disproportionate division of the property.

Briefly stated, the district court awarded Nita Marie the following property, free and clear of encumbrance: the home and furnishings, $27,500; Oldsmobile station wagon, $5000; 1/4 interest in farm lands, $21,500 (inherited by Rhett from his father in June 1971). The court also directed Rhett to pay (1) $275 per month alimony for eleven years; (2) $125 per month support for each child; (3) marital debts estimated at $2500; and (4) fees for Nita Marie's attorney not to exceed $1900. Rhett was further required to maintain health and medical insurance on the two girls at the then present levels.

Awarded to Rhett was a Datsun car (purchase price $5555.61), subject to a mortgage balance of $4900, and one-half (1/2) the stock of Santa Fe Motors Inc. of Deerfield, Kansas, said business having a book value of $454,250. Rhett was also given his one-half (1/2) share of the company's anticipated 1973 net profits of about $30,000.

In a divorce action the district court is vested with broad discretion in adjusting property rights, and its exercise of that discretion will not be disturbed on appeal absent a clear showing of abuse. (Almquist v. Almquist, 214 Kan. 788, 522 P.2d 383; Wofford v. Wofford, 214 Kan. 450, 520 P.2d 1278.)

Factors to be considered are ages of the parties and the property owned by each; duration of the marriage; earning capacities; the time, source and manner of acquiring the property; family ties and obligations; questions of fault when determined; and allowance of alimony of lack thereof. (LaRue v. LaRue, 216 Kan. 242, 531 P.2d 84.)

In Stayton v....

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7 cases
  • Reich v. Reich
    • United States
    • Kansas Supreme Court
    • April 27, 1984
    ...that discretion will not be disturbed on appeal absent a clear showing of abuse.' Powell, 231 Kan. at 459 . See also Downing v. Downing, 218 Kan. 549, 542 P.2d 709 (1976). '[D]iscretion is abused only where no reasonable [person] would take the view adopted by the trial court. If reasonable......
  • Powell v. Powell, 53458
    • United States
    • Kansas Supreme Court
    • June 11, 1982
    ...rights, and its exercise of that discretion will not be disturbed on appeal absent a clear showing of abuse." Downing v. Downing, 218 Kan. 549, 542 P.2d 709 (1976). See also LaRue v. LaRue, 216 Kan. at 249, 531 P.2d 84; Almquist v. Almquist, 214 Kan. 788, 791, 522 P.2d 383 (1974). "(D)iscre......
  • Clark v. Clark, 56010
    • United States
    • Kansas Supreme Court
    • March 2, 1985
    ...that discretion will not be disturbed on appeal absent a clear showing of abuse.' Powell, 231 Kan. at 459 . See also Downing v. Downing, 218 Kan. 549, 542 P.2d 709 (1976). '[D]iscretion is abused only where no reasonable [person] would take the view adopted by the trial court. If reasonable......
  • Parish v. Parish
    • United States
    • Kansas Supreme Court
    • June 12, 1976
    ...modified or set aside absent a clear abuse of discretion. (Wofford v. Wofford, 214 Kan. 450, 452-453, 520 P.2d 1278, and Downing v. Downing, 218 Kan. 549, 542 P.2d 709.) In determining a just and reasonable division of property, the trial court should take into consideration the following f......
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