McKnight v. McKnight, WD
| Decision Date | 24 August 1982 |
| Docket Number | No. WD,WD |
| Citation | 638 S.W.2d 789 |
| Parties | Joseph William McKNIGHT, Appellant, v. Madeline Peers McKNIGHT, Respondent. 32736. |
| Court | Missouri Court of Appeals |
William E. Shull, Kearney, for appellant.
Ralph E. Pratt, Independence, for respondent.
Before KENNEDY, P. J., and WASSERSTROM and MANFORD, JJ.
This appeal is taken from a decree of dissolution. The judgment is affirmed.
Appellant's sole point challenges the trial court's award of periodic maintenance and alleges there was no evidentiary basis for the granting of same as required by § 452.335 RSMo 1978.
The record reveals the parties were married March 18, 1953, in Bessbrook Armagh, Ireland. Two children were born of the marriage and at the time of these proceedings one child was emancipated by marriage. The remaining child was 15 years of age and resided with respondent. There is no dispute the marriage was irretrievably broken. The record reveals marital misconduct by appellant.
The only squabble on this appeal is the monthly award of $450.00 periodic maintenance in respondent's favor. It is appellant's contention the trial court erred because the evidence reveals respondent was possessed of adequate property to sufficiently support herself.
Review of this matter is pursuant to the rule in Murphy v. Carron, 536 S.W.2d 30 (Mo.banc 1976). Neither party requested findings of fact or conclusions of law and neither was entered by the court. Absent such request and entry, all findings of fact are presumed found in accord with the judgment and the judgment is to be upheld under any reasonable theory presented and supported by the evidence. In Re Marriage of Brewer, 592 S.W.2d 529 (Mo.App.1979); Brunswick Corp. Mercury Marine Division v. Hering, 619 S.W.2d 950 (Mo.App.1981).
The record further reveals appellant was earning $29,000.00 annually with a take home pay of $740.00 every two weeks. Respondent had sporadic employment over a five year period during the marriage. Her testimony was that she left her various jobs due to a kidney infection (she has only one kidney), high blood pressure, varicose veins and thyroid problems. She further testified that the minor daughter needed greater supervision at home. Respondent has the equivalent of a high school education. She continues to need medical treatment and medication. Respondent's living costs per month were $1555.50, plus $337.50 for the minor daughter.
The question of maintenance is within the sound discretion of the trial court and review on appeal is only for determination of an abuse of that discretion. Naeger v. Naeger, 542 S.W.2d 344 (Mo.App.1976).
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...The trial court judgment is to be upheld under any reasonable theory presented and supported by evidence. McKnight v. McKnight, 638 S.W.2d 789, 790 (Mo.App.1982). Point The judgment of the trial court is affirmed. KAROHL, C.J., and CRANE, J., concur. ...