Please ensure Javascript is enabled for purposes of website accessibility

Domestic Relations: Property Division-Child Custody-Maintenance

Staff Report//July 29, 2019//

Domestic Relations: Property Division-Child Custody-Maintenance

Staff Report//July 29, 2019//

Listen to this article

Where a wife involved in a dissolution challenged the division of marital property,  the child-custody decision and the denial of her request for maintenance, the wife could not challenge the division of property because she stated that she had no objection to the division proposed by the husband, so under the invited-error principle she could not challenge aspects of the division to which she acquiesced at trial, but the court erroneously characterized the custody award as awarding sole physical custody to the husband when the parties were awarded equal parenting time, so the judgment is modified to show an award of joint custody, and the denial of the maintenance request is affirmed because the court was not bound by the disability determination and could find that the wife had failed to prove that she could not meet her reasonable financial needs through appropriate employment.

Judgment is affirmed.

Davis v. Davis (MLW No. 73563/Case No. WD81868 – 13 pages) (Missouri Court of Appeals, Western District, Ahuja, J.) Appealed from circuit court, Jackson County, Fahnestock, J. (Mitzi J. Alspaugh and Geoffrey K. Aubrey, Kansas City, Missouri, for appellant) ( Jill M. Katz and Jessica Marien, Kansas City, Missouri, for respondent).

Latest Opinion Digests

See all digests

Top stories

See more news