Kaczmarczyk v. Kaczmarczyk, 41268

• Decision Date: 02 January 1980
• Docket Number: No. 41268,41268
• Citation: Kaczmarczyk v. Kaczmarczyk, 593 S.W.2d 252 (Mo. App. 1980)
• Parties: Isadore R. KACZMARCZYK, Petitioner-Appellant, v. Betty D. KACZMARCZYK, Respondent-Respondent.
• Court: Missouri Court of Appeals

Page 252

593 S.W.2d 252

Isadore R. KACZMARCZYK, Petitioner-Appellant, v.Betty D. KACZMARCZYK, Respondent-Respondent.

No. 41268.

Missouri Court of Appeals, Eastern District, Division Three.

Jan. 2, 1980.

Robert T. Ebert, Clayton, for petitioner-appellant.

Gary J. Morris, Clayton, for respondent-respondent.

CRIST, Judge.

Husband petitioned for dissolution of his marriage and now appeals the trial court's judgment which provided for distribution of the marital property and which further allowed respondent $1,000.00 in attorney fees.We affirm.

There were but two assets which required distribution: The family home in Ohio, valued between $34,730.00 and $39,730.00; and, a $3,600.00 pension arising from husband's employ.By virtue of the trial court's order, husband received the pension and wife, the house.Husband bemoans what he portrays as an inequitable 90% Property award to wife and submits that the award was so inordinately disproportionate as to constitute an abuse of discretion particularly in the absence of evidence tending to show marital misconduct.Husband also contends that the trial court further abused its discretion by awarding wife $1,000.00 in attorney fees when the evidence allegedly demonstrated her ability to pay these fees herself.

The specific issue for our determination is whether the trial court's order of distribution was fair, equitable and within the design of § 452.330RSMo1975 Supp.At first blush, it must be admitted that the distribution order appears somewhat one-sided.However, ever-mindful of the import of Murphy v. Carron, 536 S.W.2d 30(Mo.banc 1976), we are constrained to scrutinize the factual arrangement more closely.

Examination of the record discloses that the parties were married in Ohio, had four children, and separated in 1970.Husband, employed by Goodyear Tire and Rubber Company for the last thirty-three years, was transferred to Virginia but wife refused to accompany him due to then existing marital problems.She instead chose to remain in Ohio with the couple's two unemancipated children and began work as a laborer.Husband was eventually transferred to Missouri where he initiated the present action.At the time of trial, all children were emancipated and wife was living in the Ohio family home.

Husband testified that beginning in 1971, he paid $50.00 per month for support of each of his two unemancipated children and, that he continued these payments until his daughter married in 1973 and his son began college in 1975.In addition, husband testified that he paid $100.00 per month for eighteen months directly to his son in furtherance of his education.Thus, wife received $3,600.00 as child support for both children from 1971 through 1973, and $1,200.00 exclusively for her son in 1973 and 1974.She received none of the aforementioned...