Domestic Relations: Division Of Property – Equalization Payment – Maintenance

Stirewalt  v. Stirewalt (MLW No. 60521/Case No. SD29974 – 15 pages) (Missouri Court of Appeals, Southern District, Barney, J.)

(1)Where a husband in a dissolution challenged a $7,000 equalization payment, the parties contributed equally to the marriage, each received their personal vehicles and property requested and they owned no real property to be divided, so the trial court’s division of property is assumed to be correct and the husband did not overcome the presumption.

(2)Where a trial court imputed income from a part-time position to a husband in a dissolution, little evidence supported the amount imputed and the evidence did not show that the husband could pay the maintenance and meet his reasonable needs because it was not clear whether he could obtain more part-time work since he would then be unable to work at his self-employment and because of his advancing age and lack of union membership, so the award of maintenance is reversed and modified.

Judgment is affirmed in part; reversed and modified in part.

Stirewalt  v. Stirewalt (MLW No. 60521/Case No. SD29974 – 15 pages) (Missouri Court of Appeals, Southern District, Barney, J.) Appealed from circuit court, Howell County, Wiles, J. (John O. Russo for appellant) (No brief filed by respondent).

Click here to read the full text of this opinion.