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Young v. Young

Court of Appeals of Missouri, Western District, First Division

December 8, 2015

RUSSELL CHARLES YOUNG, Appellant,
v.
SHIRLEY ANN YOUNG, Respondent

Editorial Note:

Not Final until expiration of the rehearing period. See MO R RCP Rule 84.16 regarding unpublished opinions.

APPEAL FROM THE CIRCUIT COURT OF JACKSON COUNTY, MISSOURI. THE HONORABLE KEVIN D. HARRELL, JUDGE.

Before Division One: Anthony Rex Gabbert, Presiding Judge, Victor C. Howard, Judge and Cynthia L. Martin, Judge.

Page 737

ORDER

PER CURIAM

Russell Young (Husband) appeals the judgment of the trial court dissolving his marriage to Shirley Young (Wife). He claims that the trial court erred in awarding Wife a portion of funds Husband received due to a disability award from the Veterans Administration, in awarding Wife one half of her attorney fees, and in awarding Wife maintenance. Because a published opinion would have no precedential value, a memorandum has been provided to the parties.

The judgment is affirmed. Rule 84.16(b).

MEMORANDUM SUPPLEMENTING ORDER AFFIRMING JUDGMENT PURSUANT TO RULE 84.16(b)

This memorandum is for the information of the parties and sets forth the reasons for the order affirming the judgment.

THIS STATEMENT DOES NOT CONSTITUTE A FORMAL OPINION OF THIS COURT. IT IS NOT UNIFORMLY AVAILABLE. IT SHALL NOT BE REPORTED, CITED, OR OTHERWISE USED IN UNRELATED CASES BEFORE THIS COURT OR ANY OTHER COURT. IN THE EVENT OF THE FILING OF A MOTION TO REHEAR OR TRANSFER TO THE SUPREME COURT, A COPY OF THIS MEMORANDUM SHALL BE ATTACHED TO ANY SUCH MOTION

Russell Young (Husband) appeals the judgment of the trial court dissolving his marriage to Shirley Young (Wife). He claims that the trial court erred in awarding Wife a portion of funds Husband received due to a disability award from the Veterans Administration, in awarding Wife one half of her attorney fees, and in awarding Wife maintenance. The judgment of the trial court is affirmed.

Facts

The parties were married in June 1997. No children were born of the marriage. The parties separated in June of 2010, due to Husband's affair with another woman, at which time Wife moved to California. Husband filed his petition for dissolution of marriage on May 21, 2013. At the time of trial in April 2014, Husband was 77 years old. He was completely disabled and no longer able to find gainful employment. He received $4,390 per month in disability benefits from the Veterans Administration and Social Security. The court also found one of the parties' houses that it awarded to Husband was capable of bringing in rental income of $500 a month, based on testimony that it had been doing so prior to Husband allowing his daughter to move in and live there rent free. At the time of trial, Wife was 75 years old, was retired, and received $772 per month from Social Security and $135 per month in Food Stamps.

Following trial, the trial court entered its judgment dissolving the parties' marriage. The trial court found that Wife was entitled to maintenance of $600 a month until the earlier of 72 months, her death or remarriage, or the death of Husband. The court awarded Husband all three of the parties' houses on Fuller Avenue in Kansas City, Missouri, as well as both of the parties' two cars. The houses had a total fair market value of $45,731 and the total mortgage debt from the statement of assets and debts was $89,373, these debts were also assigned to Husband, along with a future advance deed of trust on one of the properties. The court awarded Husband the checking account in his name which contained $4,300. Wife was awarded no real property or automobiles, but was awarded her checking account containing $986 and $2,500 of credit card debt in her name. Husband was also ordered to pay Wife ...


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