Fulp v. Fulp, No. WD

• Decision Date: 07 May 1991
• Docket Number: No. WD
• Citation: 808 S.W.2d 421
• Parties: In re the Marriage of Clara Mae FULP, Respondent, v. Douglas Dorr FULP, Appellant. 43742.
• Court: Missouri Court of Appeals

Page 421

808 S.W.2d 421

In re the Marriage of Clara Mae FULP, Respondent, v. Douglas Dorr FULP, Appellant.

No. WD 43742.

Missouri Court of Appeals Western District.

May 7, 1991.

Elizabeth Hill Nigro, Kansas City, for appellant.

Cathelene L. Winger, Warrensburg, for respondent.

Before BERREY, P.J., and ULRICH and BRECKENRIDGE, JJ.

PER CURIAM.

Douglas Dorr Fulp appeals the modification of a marriage dissolution decree, which increased his maintenance obligation to his former wife Clara Mae Fulp. He also appeals the denial of his counter-motion to decrease or terminate maintenance.

The order of modification is reversed in part.

The Fulps' marriage was dissolved in 1982. Pursuant to the dissolution decree, the trial court awarded custody of the couple's three minor children to the wife, and ordered the husband to pay monthly child support of $150 per child and monthly maintenance of $250. In 1987 the wife moved for increased child support and increased maintenance. In response, the husband claimed two children to be emancipated and filed a counter-motion for decrease or termination of maintenance. At the modification hearing in 1990, the parties stipulated that all three children were emancipated. In its order of modification, the trial court terminated child support, increased the wife's monthly maintenance to $450, and denied the husband's counter-motion.

Evidence at the modification hearing included stipulations regarding each party's salary history since the dissolution, household income, and current expenses. In 1982 the wife earned $8,458; in 1989 she earned $12,747. Two children lived with the wife and held jobs. The parties' son Gregory earned $12,000 in 1989; their daughter Gay Lynn began working in 1990 and had gross weekly pay of $133. In 1989 the wife received $3,545 in child support and $3,000 in maintenance. The wife's monthly living expenses totaled $1,738. In 1982 the husband's annual wages were $20,059; in 1989 his annual wages decreased to $15,486. Since 1979 the husband received a military pension, which had increased to $12,984 in 1989. The husband's new wife earned $25,306 in 1989. The husband's monthly living expenses were $1,692, which represented one-half of his household expenses.

Other evidence at the modification hearing consisted of the parties' testimony about their living situations, employment difficulties, and health problems since the dissolution.

The wife, age 53, had a high school education. She lived in Knob Noster with two emancipated children. Although both children held jobs, the wife paid their living expenses. Gregory, age 21, spent the $12,000 that he earned in 1989 on his car and his out-of-state college expenses. Gay Lynn, age 20, began working several months before the hearing and was not yet capable of living on her own. During the marriage and since the dissolution, the wife engaged in factory work, the only work for which she was qualified. After the dissolution, the wife experienced layoffs and sought work with another company. She was eventually rehired by Gates Energy Products. Her work at Gates involved lifting batteries, which caused her pain in the back and shoulders, and caused a knot on her finger. As a result, the wife sought monthly chiropractic treatment for the pain and expected to have surgery on her finger. Since the dissolution the wife underwent surgeries for the removal of gall stones and kidney stones, and developed diabetes, a hernia in the esophagus, and an ulcer. The wife's health insurance premiums were paid by the military. The wife testified that she had no money left after paying her monthly expenses.

The husband, age 54, had completed high school and three years of college. He lived in Winston-Salem, North Carolina, with his new wife of three years. During the marriage and immediately after the dissolution, the husband worked for Service Systems. However, when that company was dissolved, the husband was discharged, was off work for six months, and eventually accepted employment at a reduced salary. Since the dissolution, the husband experienced numerous medical problems. He had flare-ups with a 1963 eye injury, which required treatments and medication. The husband expected to go blind in his injured eye. The husband had operations on his elbow and his back. The husband's back injury caused him to be off work for two years and left him thirty percent disabled. The husband also developed diabetes and ulcers. At the time of the modification hearing, the husband had worked for the City of Winston-Salem as a traffic analyst for two and a half years. He found the work strenuous and hoped to retire in five years. The husband admitted that he had been able to meet his maintenance and child support obligations, even in years of decreased income.

In Point I, the husband claims error in the increase of maintenance from $250 to $450 per month. He maintains that the evidence was insufficient to show a substantial and...