Slaughter v. Slaughter

• Decision Date: 06 May 1958
• Docket Number: No. 29955,29955
• Citation: 313 S.W.2d 193
• Parties: Mary K. SLAUGHTER (Plaintiff), Appellant, v. Enos B. SLAUGHTER (Defendant), Respondent,
• Court: Missouri Court of Appeals

Page 193

313 S.W.2d 193

Mary K. SLAUGHTER (Plaintiff), Appellant, v. Enos B. SLAUGHTER (Defendant), Respondent,

No. 29955.

St. Louis Court of Appeals, Missouri.

May 6, 1958.

Tom R. R. Ely, St. Louis, for appellant.

Kerth, Thies & Schreiber, A. H. Kerth, Clayton, for respondent.

ANDERSON, Judge.

This is an appeal by plaintiff, Mary K. Slaughter, from a judgment of the circuit court rendered on motions to modify a decree of divorce.

Plaintiff obtained a decree of divorce from defendant in the Circuit Court of St. Louis County on November 30, 1951. By said decree plaintiff was granted the general custody of the two minor children of the parties, Rex Stephen Slaughter and Patricia Mary Slaughter. At the time of the hearing below, May 24, 1957, Rex and Patricia were thirteen and nine years old respectively. Rex was a child of plaintiff by a former marriage. The natural father of Rex was killed in his Second World War. Defendant, after his marriage to plaintiff legally adopted Rex. The decree granted visitation rights to defendant. Since these rights are not in question on this appeal, it will not be necessary to detail them. By said divorce decree, plaintiff was allowed the sum of $150 per month for the support and maintenance of each child. Thereafter, on December 30, 1953, the decree was, on defendant's motion, modified by reducing the allowance for Rex from $150 per month to $75 per month. Said allowance stood at that figure until it was modified in this proceeding by a reduction of the allowance for Rex to $50 per month. The allowance of $150 per month for the support of Patricia was not disturbed.

On this appeal, appellant complains that the court erred: (1) in reducing the maintenance payments for Rex from $75 to $50 per month; (2) in failing to modify the decree by increasing the amount of the award for Rex; and (3) in failing to modify the decree by requiring defendant to post security for the payment of the maintenance award.

Defendant is a professional baseball player employed by the ball club of the New York Yankees. In a deposition taken May 24, 1957, he testified that he was forty-one years old and was still under contract with the New York Yankees for the then current season. His salary for the 1957 season was $20,000. He stated that on account of his age he 'guessed' he would be classed as a utility player. At the time the divorce was granted his income consisted of a salary of $25,000 a year, plus 'certain royalties and other income.' He had income in 1951 from such sources as 'testimonials and commercial advertising.' The record does not disclose the amount received from such sources. However, he stated that since his value as a player was not like it was five or six years ago, he does not receive anything at the present time for testimonials. In 1956 defendant's share of the World Series' receipts was $5,200. He stated that his salary since 1952 was $20,000 per year.

Defendant owns a farm in North Carolina. He testified that this farm consisted of between 190 to 200 acres, with a mortgage against it of $1,500. Plaintiff testified the farm consisted of 360 acres and that defendant received as rent an average of $3,000 to $3,600 per year during the time she was married to him. Defendant testified that the year previous he made something like $200 on the farm after deducting the operating expense. He denied he had any greater income from the farm in 1951. Defendant has built a new home in North Carolina at a cost of between $20,000 and $23,000, but stated that the mortgage on this home would be around $15,000. Defendant owned a part interest in an apartment house in Belleville, Illinois, which he sold for $8,700, and this sum was apparently used to help finance the building of the house in North Carolina, although the record is not too clear on this point. Defendant formerly owned an interest in a jewelry store in Belleville, Illinois. He sold his interest in the store, receiving about $6,500, which was about what he put into the business. Defendant owns stocks valued at about $14,000. These have been put up as collateral to loans. He receives about $1,200 to $1,300 a year in the form of stock dividends.

Defendant has remarried twice since his divorce from plaintiff. At present he is living with his fifth wife and infant daughter. He rented a house for the 1957 summer season in New Jersey for $200 per month. Defendant, while on the stand, agreed that the needs of his children might have increased by reason of the increase in their ages, but he said: 'My returns are probably less.' He also testified he was not asking the court to reduce Patricia's allowance, stating that he was willing to continue the payments to Patricia 'if I have my privileges of seeing them.'

Plaintiff and the children live in Galesburg, Illinois. Plaintiff's parents live with her. She is employed part time, but the record does not show the amount of income received by reason of this employment. At the time of the divorce she received as alimony in gross the sum of $5,500. Plaintiff owns her own home. She receives $27 per month from some source not disclosed by the testimony other than it was from her 'deceased husband.' She has no other income.

Rex receives $116.50 a month from the United States Government. This is by reason of the death of his natural father who was killed while in the armed service. Plaintiff compiled and introduced in evidence an estimate of the necessary expense of maintaining the children. This was prepared in September, 1956. The monthly household expense was estimated at $376.50, two-thirds of which amount ($251) was allocated as the children's share of the expense. Other personal expenses of the children were listed as $105 per month, making a total estimated cost of $356 for maintenance of the children. In addition, it showed a payment of $27.50 per month as a premium on an insurance policy for Rex.

Defendant testified that he netted about $10,000 a year, after Federal taxes, State taxes, and other deductions, with which to pay his living expenses and to provide support money for the children. The other deductions referred to were not detailed in his testimony.

Appellant contends that the trial court erred in modifying the decree by reducing the amount payable for the support of Rex to $50 per month, and in refusing to increase said payments as prayed by appellant in her motion.

Respondent's position is that the court's order modifying the decree is supported by competent evidence, is reasonable, and in no way detrimental to the welfare of the children.

Respondent at no time has contended that the allowance to Patricia of $150 per month was excessive under the circumstances. In fact, in his motion, he suggested that she be allowed said amount and, at the trial, testified that he was not asking the court to reduce the amount payable to her. But, as to Rex, his attitude was quite different. In his motion, he suggested that the allowance for the support of Rex be reduced to $50 per month. Several reasons were advanced why said reduction should be made. One reason was that 'Rex Slaughter is an adopted son of the defendant, * * * and that said plaintiff is presently receiving an amount of approximately $100.00 per month under a Federal pension.' In this court, respondent advances the same argument in support of the trial court's ruling.

The general effect of an adoption under our statute is to create a status between the adoptive parent and adopted child identical with that existing between a natural parent and his child. Sections 453.090 and 453.170 RSMo 1949, V.A.M.S. The obligation of the adopting parent is the same as if he were a natural parent, and hence he is bound to give the child the same support and maintenance to which it...