Schwarz v. Schwarz, 44193

Decision Date23 March 1982
Docket NumberNo. 44193,44193
CitationSchwarz v. Schwarz, 631 S.W.2d 694 (Mo. App. 1982)
PartiesRobert R. SCHWARZ, Respondent, v. Nancy R. SCHWARZ, Appellant.
CourtMissouri Court of Appeals

Michael C. Walther, Clayton, for appellant.

David N. Morgan, Clayton, for respondent.

REINHARD, Presiding Judge.

Wife appeals from a decree of dissolution.She asserts the trial court erred in: 1) the award of $200.00 per month for each of three children for child support; 2) the award of $1,500.00 per month maintenance; 3) the distribution of the marital property; and 4) the award of the payment of attorney's fees.Husband complains as to the awards of maintenance, attorney's fees, and the division of marital property.His allegations of error cannot be considered because he did not appeal.

The transcript reveals that husband, over a period of years, received substantial income from the practice of law.In addition, he received numerous fringe benefits from various law partnerships, of which he has been associated, including the one of which he was a partner at the time of trial.The parties have lived a high standard of living apparently exceeding the income available.At the time of trial, the marital residence valued at $175,000.00 was encumbered by three deeds of trust in the amount of $90,000.00 and a federal tax lien of $44,000.00.Using the court's determination of values, the court awarded to wife 87% of the marital property.

We have carefully reviewed the entire record and we determine that the challenged provisions of the decree are supported by...

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6 cases
  • Mika v. Mika
    • United States
    • Missouri Court of Appeals
    • 24 Febrero 1987
    ...E.g., Fields v. Fields, 643 S.W.2d 611, 617 (Mo.App.1982), and disproportionate divisions are routinely affirmed. Schwarz v. Schwarz, 631 S.W.2d 694, 695 (Mo.App.1982) 87%-13%; Scott v. Scott, 645 S.W.2d 193, 195 (Mo.App.1982) 79%-21%; Stamme v. Stamme, 589 S.W.2d 50, 53 (Mo.App.1979) 84%-1......
  • Goller v. Goller
    • United States
    • Missouri Court of Appeals
    • 11 Octubre 1988
    ...S.W.2d 865 (Mo.1984) (en banc); In re East, 708 S.W.2d 777 (Mo.App.1986); Scott v. Scott, 645 S.W.2d 193 (Mo.App.1982); Schwarz v. Schwarz, 631 S.W.2d 694 (Mo.App.1982); Stamme v. Stamme, 589 S.W.2d 50 (Mo.App.1979); In re Burris, 557 S.W.2d 917 (Mo.App.1977). All five affirmances were in f......
  • Marriage of Wright, In re, 16317
    • United States
    • Missouri Court of Appeals
    • 26 Abril 1990
    ...measured by the parties' estimates of values. See Mika v. Mika, 728 S.W.2d at 283 (84 percent--16 percent); Schwarz v. Schwarz, 631 S.W.2d 694, 695 (Mo.App.1982) (87 percent--13 percent); Stamme v. Stamme, 589 S.W.2d 50, 53 (Mo.App.1979) (84 percent--16 percent); In re Marriage of Burris, 5......
  • Sparks v. Trantham
    • United States
    • Missouri Court of Appeals
    • 30 Julio 1991
    ...who slept at his mother's home and occasionally took his meals there. The mother did not insist he pay part of the household expenses. 631 S.W.2d 694. In Black, 626 S.W.2d 397, the court of appeals sustained a trial court determination that a child was emancipated even though he did not pay......
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1 books & journal articles
  • § 13.02 Division of Property at Divorce
    • United States
    • Full Court Press Divorce, Separation and the Distribution of Property Title CHAPTER 13 The Divorce Action
    • Invalid date
    ...See, e.g.: Mika v. Mika, 728 S.W.2d 280 (Mo. App. 1987) (affirming award of 86% of the marital estate to the wife); Schwarz v. Schwarz, 631 S.W.2d 694 (Mo. App. 1982).[337] See Glendon, "Family Law Reform in the 1980's," 44 La. L. Rev. 1553 (1984).[338] See, e.g.: New Jersey: Rothman v. Rot......