Stoerkel v. Stoerkel, WD
| Decision Date | 17 June 1986 |
| Docket Number | No. WD,WD |
| Citation | 711 S.W.2d 594 |
| Parties | In re the Marriage of Donna Jean STOERKEL, Petitioner-Respondent, v. Jan Ervin STOERKEL, Respondent-Appellant. 37375. |
| Court | Missouri Court of Appeals |
Joseph Y. DeCuyper, Kansas City, for respondent-appellant.
Thomas E. Hankins, Gunn, Hall & Stahl, Gladstone, for petitioner-respondent.
Before MANFORD, P.J., and PRITCHARD and TURNAGE, JJ.
Donna Jean Stoerkel filed a petition seeking a legal separation from her husband Jan Ervin Stoerkel. Jan filed a cross petition seeking a dissolution of the marriage. The court dissolved the marriage, divided the property, and awarded Donna child support and maintenance. Jan appeals from the division of property and maintenance award. Affirmed in part and modified in part.
Donna and Jan had been married over 23 years. There were four children born of the marriage with two of them emancipated. At the time of trial two girls were living with Donna, one age 20 and one age 18. The parties had lived in Clay County for a number of years, but in 1984 Jan was transferred by his employer, Transamerica, to California. Jan went to California with the intention of buying a home and relocating the family, but became enamored with a fellow employee and took up residence with her. He informed Donna that he desired a dissolution and Donna filed the present suit.
At the time of trial the real estate in Clay County had been sold so that the only property to be divided consisted of cash and personal property. The court awarded Donna $4454 in cash and other personal property with a value of $8560. She was ordered to pay debts in the total amount of $2420. Jan was awarded $17,249 in cash and stock and personal property with a value of $12,230. He was ordered to assume debts totaling $27,956. Donna was awarded maintenance of $1200 per month and child support for the oldest daughter living with her of $10 per month, and child support for the younger child living with her of $200 per month. The evidence revealed that the oldest daughter living with Donna was employed and earning about $640 per month.
Jan first contends the award of $1200 per month in maintenance was an abuse of discretion. Donna was employed as the manager of the Kendalwood Trails Retirement Apartments at a net monthly salary of $973. She lists her expenses for rent, including utilities except telephone, at $610 per month, $255 per month car payment, $425 per month for food, $150 for clothing, and $120 for gasoline.
Jan received take home pay of $2,346 per month from his salary and service in the National Guard. He lists expenses of $615 per month for rent, $120 per month for utilities, in addition to food, clothing, and fixed monthly payments.
The first 13 years of the parties' married life had been a financial struggle, but each testified that during the last 10 years they had been able to meet their obligations comfortably. Still the evidence showed a lifestyle which could be termed rather modest. The only extravagance seemed to be the ownership of a boat on which more was owed than it was worth. None of the property divided was income producing except the cash and stock.
Jan contends the evidence shows he cannot afford to pay $1200 per month in maintenance together with $210 in child support. On the other hand Jan conceded that Donna could not live without some help from him. Thus the question is not whether or not Donna should receive maintenance, but how much she should receive.
The trial court is vested with substantial discretion in awarding maintenance, but it is not required to meet all of the needs of the spouse receiving the award. Hoffmann v. Hoffmann, 676 S.W.2d 817, 828[19, 20] (Mo. banc 1984). Section 452.335.2, RSMo 1978, sets out certain factors the court is to consider in determining the amount of maintenance. One of the factors is the ability of the spouse who is paying maintenance to meet his needs while paying the amount ordered. It has been said that the award of maintenance must be made within a reasonable tolerance of the proof. Trunko v. Trunko, 642 S.W.2d 673, 676[5, 6] (Mo.App.1982).
Considering all of these factors this court concludes that the trial court abused its discretion in ordering $1200 per month in maintenance. Taking the...
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Marriage of Hunt, In re
...'time on the job' and increased earnings, were directly enhanced by the many years credited to the marriage" ); Stoerkel v. Stoerkel, 711 S.W.2d 594, 597 (Mo.Ct.App.1986) (holding that "increased benefits arise in part from the service performed during the marriage and for that reason it is......
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Borley v. Smith, Docket No. 35751 (Idaho 5/11/2010)
...2017time on the job' and increased earnings, were directly enhanced by the many years credited to the marriage"); Stoerkel v. Stoerkel, 711 S.W.2d 594, 597 (Mo. Ct. App. 1986) (holding that "increased benefits arise in part from the service performed during the marriage and for that reason ......
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Brown v. Brown
...other jurisdictions have reached the same conclusion. See, e.g., In re Marriage of Hunt, 909 P.2d 525 (Colo.1995); Stoerkel v. Stoerkel, 711 S.W.2d 594 (Mo.Ct.App.1986); Gemma v. Gemma, 105 Nev. 458, 778 P.2d 429 (Nev.1989). See also Hare v. Hodgins, 586 So.2d 118 (La.1991) (approving the A......
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Kinder v. Kinder, WD
...requirements have been met, the court must consider all relevant factors enumerated in § 452.335.2, RSMo Supp.1988. Stoerkel v. Stoerkel, 711 S.W.2d 594, 596 (Mo.App.1986). They are Mrs. Kinder's ability to satisfy her needs independent of an award, and the ability of Mr. Kinder to satisfy ......
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§ 7.10 Pensions
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