Janes v. Janes, No. WD 66632.

• Court: Court of Appeal of Missouri (US)
• Writing for the Court: Joseph M. Ellis
• Citation: 242 S.W.3d 744
• Parties: John William JANES, Appellant-Respondent, v. Anita Jean JANES, Respondent-Appellant.
• Decision Date: 26 December 2007
• Docket Number: No. WD 66632.,No. WD 66676.

242 S.W.3d 744 John William JANES, Appellant-Respondent,
v.
Anita Jean JANES, Respondent-Appellant. No. WD 66632. No. WD 66676. Missouri Court of Appeals, Western District. December 26, 2007.

[242 S.W.3d 746]

Elton W. Fay, Columbia, MO, for appellant-respondent.

John T. Kay, California, MO, for respondent-appellant.

[242 S.W.3d 747]

Before THOMAS H. NEWTON, Presiding Judge, PATRICIA BRECKENRIDGE,¹ Judge and JOSEPH M. ELLIS, Judge.

JOSEPH M. ELLIS, Judge.

John Janes ("Husband") appeals from judgment entered in the Circuit Court of Cole County concluding that he was in arrears on his maintenance payments to his ex-wife, Anita Janes ("Wife"), and ordering a portion of his wages withheld until that obligation was satisfied. Wife cross-appeals, asserting that the trial court erred in offsetting the maintenance amount owed to her by Husband with amounts Wife owed to Husband as a result of the property settlement portion of the dissolution decree and a subsequent award of attorney's fees. For the following reasons, the judgment is affirmed.

On June 9, 1997, the Circuit Court of Cole County entered a judgment dissolving the marriage between Husband and Wife. In dividing the marital property and debts, the court awarded the marital home to Wife and awarded Husband a judgment against Wife in the amount of $12,000.² The court ordered Husband to pay Wife $250 per month in modifiable maintenance, but specified that maintenance would automatically cease if Wife were to receive $250 or more from Missouri State Disability Retirement, to which she had applied for benefits. The judgment also addressed custody and child support for the couple's teenage child.

Appellant paid maintenance until December 1997, when he discovered that Wife had been receiving checks from Missouri State Disability Retirement and that they totaled more than $250. Appellant ceased paying maintenance at that time.

On June 5, 2000, Wife filed a motion to modify the dissolution decree seeking a change in custody. That motion was ultimately denied by the trial court.

On August 26, 2002, Husband filed an Application for Show Cause Order and Motion for Contempt averring that Wife had violated the terms of the dissolution decree by refusing to return custody of the child to Husband, enrolling the child in school in California, Missouri, without his permission, and removing personal items belonging to Husband from his home without his permission. On September 5, 2002, the court granted Husband's motion for contempt, ordering Wife to return custody of the child to Husband and to return his personal property. The court also ordered Wife to pay Husband $1,300 in attorney's fees.

On March 12, 2004, Wife filed a Support Lien Request asserting that Husband was over $15,000 in arrears on his maintenance payments. Wife also filed a motion to modify custody. Wife subsequently filed an Application for Income Withholding, asking that a portion of his wages be withheld to satisfy Husband's past and current maintenance obligation. On May 17, 2006, the trial court entered judgment granting a lien to Wife and ordering a portion of Husband's wages withheld.

After noticing that income was being withheld from his paycheck, on July 1, 2004, Husband filed a Petition for Stay or

242 S.W.3d 748

Quashing of Execution. On February 25, 2005, Husband filed a counter-motion to modify the dissolution decree, seeking an order directing Wife to pay the $12,000 she owed from the original decree, the $1,300 she owed him in attorney's fees, and repayment of any maintenance paid after Wife had received $250 or more from Missouri State Disability Retirement.

On January 6, 2006, the trial court entered its judgment, concluding that Husband's maintenance obligation had not terminated and that Husband was $17,375 in arrears. The court found that, under the dissolution decree, maintenance was not to cease unless Wife received $250 per month from Missouri State Disability Retirement. The court offset its judgment against Husband by the $12,000 Wife owed Husband from the dissolution decree and' the $1,300 she owed to Husband for attorney's fees in the contempt action. The court also rejected an argument by Wife requesting that she receive credit toward the judgment against her based on the fact that she had quitclaimed the house back to Husband. Both parties appeal from the trial court's judgment.

As in any court-tried case, we must affirm the trial court's judgment "unless there is no substantial evidence to support it, it is against the weight of the evidence, or it erroneously declares or applies the law." Simon-Harris v. Harris, 138 S.W.3d 170, 176 (Mo.App. W.D.2004). In making that determination, "`[w]e afford the trial court deference with regard to its determinations of credibility and view the evidence in the light most favorable to its decision.'" Haden v. Riou, 37 S.W.3d 854, 860 (Mo.App. W.D.2001) (quoting Morton v. Myers, 21 S.W.3d 99, 104 (Mo.App. W.D. 2000)).

In his first point, Husband contends that the trial court erred in concluding that he was in arrears on his maintenance payments. Husband argues that the plain language of the original decree of dissolution provided that maintenance would automatically terminate once Wife had received more than $250 from Missouri State Disability Retirement and that this condition had been satisfied by January 1998 when he ceased making maintenance payments. Husband claims the court improperly read the language "per month" into the maintenance provision and, thereby, misinterpreted the judgment.

"Interpretation of the meaning of a trial court's judgment is a question of law." Dick v. Children's Mercy Hosp., 140 S.W.3d 131, 136 (Mo.App. W.D.2004). "The words and clauses used in a judgment are to be construed according to their natural and legal import." Lombardo v. Lombardo, 120 S.W.3d 232, 244 (Mo. App. W.D.2003) (internal quotation omitted). "When interpreting a judgment, this court examines the language of the judgment in its entirety and determines the intention of the trial court from all parts of the judgment." In re E.N.K, 126 S.W.3d 458, 463 (Mo.App. W.D.2004). "Where the language of the judgment is plain and unambiguous, we do not look outside the four corners of the judgment for its interpretation." Saunders v. Bowersox, 179 S.W.3d 288, 294 (Mo.App. S.D.2005) (internal quotation omitted). However, if the decree "conveys more than one meaning such that a reasonable person may fairly and honestly differ in the construction of the terms," then the language is ambiguous, Riener v. Riener, 926 S.W.2d 6, 7 (Mo.App. E.D. 1996), and the appellate court must ascertain the intent of the trial court in entering the order. State ex rel. Div. of Child Support Enforcement v. Hill, 53 S.W.3d 137, 141 (Mo.App. W.D.2001).

242 S.W.3d 749

In the original dissolution decree, the trial court found that Wife was unemployed and receiving social security disability in the amount of $790 per month. The court found that she had applied for disability through the State of Missouri and could receive up to $400 per month if such benefits were granted. The court also noted Wife's testimony that she could survive on $1,000 per month if...