Geil v. Geil, s. 44663
| Decision Date | 11 January 1983 |
| Docket Number | 44668,Nos. 44663,s. 44663 |
| Citation | 647 S.W.2d 161 |
| Parties | Warren C. GEIL, Respondent/Appellant, v. Irma Marie GEIL, Appellant/Respondent. |
| Court | Missouri Court of Appeals |
Ray A. Gerritzen, St. Louis, for appellant/respondent.
W. Ray Raleigh and Jay G. Newquist, St. Louis, for appellant/respondent.
Wife appeals and husband cross-appeals from decree of dissolution.
Wife complains about the amount of child support, the amount of maintenance, and the distribution of marital property. Husband appeals from the award of $100.00 per month in maintenance.
Husband petitioned the court for dissolution of the parties' 25-year marriage. At the time of trial, one minor child remained at home. The evidence revealed that husband had a degree in engineering and, at the time of the trial, was earning approximately $39,000.00 annually. Further, he had earned over $30,000.00 per year for at least four years prior to trial. Wife, who had not worked during the marriage, had only a high school degree, and was unemployed at the time of trial. Wife was, however, enrolled in typing and data processing classes in an effort to prepare herself for finding a job. She had, since the parties separated, attempted unsuccessfully to find a job. There was substantial evidence that husband was guilty of serious and blatant marital misconduct.
The court granted wife custody of the minor child. Of the marital property, the court awarded wife the marital home valued at $52,500.00, the furnishings, one car, and various items of personal property. The court awarded husband a boat and motor, one car, and the cash value of his life insurance policies. Further, the court found that husband's accrued vacation pay and his savings and investment plan, totalling $26,461.00, were marital property and divided them equally among the parties. The court ordered husband to pay wife her share, $13,230.50, at the rate of $350.00 per month until paid. The original decree provided that husband pay wife $400.00 per month in child support and no maintenance. However, the court retained jurisdiction over the issue of maintenance. 1 The court timely amended the decree raising child support to $500.00 per month. On July 22, 1981, the court again amended the decree to provide that husband pay wife maintenance of $100.00 per month.
Initially, we consider wife's complaint about the disposition of marital property. Wife alleges she is entitled to interest on the $13,230.50 that husband is paying her in installments of $350.00 per month. In view of the economic circumstances of each spouse and the other provisions of the decree, we find the trial court did not abuse its discretion in not requiring husband to pay interest on the $13,230.50. See Beckman v. Beckman, 545 S.W.2d 300, 301-02 (Mo.App.1976). We rule this point against wife.
Wife also challenges the amount of child support. Setting the amount of child support is a matter within the sound discretion of the trial court. Miller v. Miller, 599 S.W.2d 237, 239 (Mo.App.1980). Wife claimed the child had expenses of over $1,500.00 per month. However, in view of all the evidence, we cannot find the trial court abused its discretion in setting the child support at $500.00 per month.
Before we consider wife's complaint about maintenance, we will examine husband's cross-appeal. Husband contends the trial court was without jurisdiction to enter the July 22, 1981,...
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W.E.F. v. C.J.F., s. 54917
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