Marriage of Souter, In re
| Decision Date | 14 November 1985 |
| Docket Number | No. 13985,13985 |
| Citation | 700 S.W.2d 545 |
| Parties | In re the MARRIAGE OF Lorie Ann SOUTER, Petitioner-Respondent, and Steven Robert Souter, Respondent-Appellant. |
| Court | Missouri Court of Appeals |
No appearance for petitioner-respondent.
John S. Pratt, Pratt & Fossard, Springfield, for respondent-appellant.
Steven Robert Souter appeals that portion of a dissolution decree that awarded his wife, Lorie Ann Souter, $7,000 maintenance in gross, and $750 attorney fees.
Steven contends that the court abused its discretion in making such awards by not considering all the statutory factors which are a prerequisite to such awards, and that such awards are against the weight of the evidence.
Our review is limited to a determination of whether the trial court's decree is supported by substantial evidence, is not against the weight of the evidence, and is not based on any erroneous declaration or application of law. Murphy v. Carron, 536 S.W.2d 30, 32 (Mo. banc 1976).
There was substantial evidence before the trial court to show that Steven is a self-employed truck driver whose gross income for 1983 was $102,412, and whose projected gross income for 1984 was $144,000. He had $33,000 of spendable income in 1983. While he contends that his monthly expenses exceed his monthly income by $39.56 a month, his expense figures include depreciation deductions on his 1982 Peterbilt truck, a 1981 Chevrolet pickup truck, and a shop building, which total deductions in 1983 amounted to $16,178, or $1,348 a month.
Lorie, who was going to business college when the couple married, assisted Steven in the trucking business, accompanying him on long hauls, and eventually serving as a relief driver. Her income was used to help defray family expenses during the marriage. At time of trial, her monthly take home earnings were $480 a month, leaving a monthly deficit of $168.
In the division of marital property, the lion's share of the marital property, including the Peterbilt truck, valued at $50,000, the pickup valued at $5,000, and a Cajun bass boat valued at $7,000 were awarded to Steven, as well as substantial debts, including loans on the three items just mentioned. Lorie's allocation of marital property consisted mainly of household furnishings, plus a Cocker Spaniel.
In addressing the maintenance issue, we note that § 452.335.1 1 provides that a court may allow maintenance only if it finds that the spouse seeking maintenance 1) lacks sufficient property, including property apportioned by the court, to provide for his reasonable needs, and 2) is unable to support himself through suitable employment, or is the custodian of children whose circumstances are such that the custodian should remain in the home to care for the children.
Steven contends that Lorie has sufficient property to provide for her needs, and should be denied maintenance for that reason. He bases this assertion on the fact that Lorie has the use of a 1980 Mercury automobile purchased by Steven and his father during the marriage, but title to which was transferred to Ivan Hunt, Lorie's grandfather, prior to the dissolution of marriage. He contends that the...
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Marriage of Boyle, In re
...needs if she gave up the grandchildren. Judith is not disqualified for maintenance merely because she is employed. In re Marriage of Souter, 700 S.W.2d 545, 546 (Mo.App.1985). There is ample evidence to support the trial court's finding that Judith's income is insufficient to meet her reaso......
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Schelsky v. Schelsky, 56444
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