TaiLexi AI U.S. Case Law

Zubiena v. Zubiena

Mary Loretta ZUBIENA v. Wayne Walter ZUBIENA

Zubiena v. Zubiena, 557 S.W.2d 58 (Mo. Ct. App. 1977)
Download
Format
Include

Star paging (*137) is kept for pin cites.

Court
Missouri Court of Appeals · State Appellate Courts
Decided
October 4, 1977
Docket
No. 37713
Judges
Clemens, Dowd, Smith
Citations
557 S.W.2d 581977 Mo. App. LEXIS 2339
Cited by 7

Opinion of the Court — Clemens

Text extracted by OCR from a scanned original; check the original for exact wording.

CLEMENS, Presiding Judge.

Defendant-husband appeals from the monetary provisions of the trial court’s decree of dissolution of marriage, contending the court’s order compelling him to make house payments and to pay plaintiff-wife’s attorney’s fees is inconsistent with its finding that plaintiff was self supporting and its order denying maintenance.

The court awarded plaintiff child support allowances and the right to remain in the family residence during the children’s minority and thereafter until sold. Defendant’s annual income was $23,000, as compared to plaintiff’s earnings of $4,800.

Defendant contends the decreed house payments “constitute maintenance” and are inconsistent with the court’s order denying maintenance. We reject this argument. The trial court explained the allowance: “In view of the order herein made, requiring respondent (sic) to make payment of the house payment on the family home, the court determines that petitioner is able to support herself and, therefore, the court denies maintenance.” We construe this as ordering defendant to make the house payments in lieu of other maintenance.

Defendant also contends the court erred in allowing plaintiff attorney fees since it found she “was self-supporting and not entitled to maintenance.” Such an allowance is proper “after considering all relevant factors.” Section 452.355, RSMo.; Beckman v. Beckman, 545 S.W.2d 300 [8] (Mo.App.1976).

We have reviewed the record in light of Murphy v. Carrón, 536 S.W.2d 30 [1-3] (Mo.1976) and cannot say the decree is against the weight of the evidence or that it erroneously declares or applies the law.

Decree affirmed.

DOWD and SMITH, JJ., concur.

How later courts describe this case

No later court has written an explanatory parenthetical about this case yet.

Cited by 7 cases

View all citing references →
1978: 21979: 11980: 21982: 11983: 119782026peak 1978 · 2

Relies on it most ⓘ

  1. Pederson v. Pederson599 S.W.2d 51 (Mo. Ct. App. 1980)
  2. McLaughlin v. McLaughlin585 S.W.2d 567 (Mo. Ct. App. 1979)
  3. In re Marriage of Ebinger573 S.W.2d 738 (Mo. Ct. App. 1978)
  4. Viers v. Viers600 S.W.2d 214 (Mo. Ct. App. 1980)
  5. Blair v. Blair571 S.W.2d 480 (Mo. Ct. App. 1978)
  6. Harke v. Harke (In re Harke)24 B.R. 645 (Bankr. E.D. Mo. 1982)

Most recent

  1. Titze v. Cunningham661 S.W.2d 623 (Mo. Ct. App. 1983)
  2. Harke v. Harke (In re Harke)24 B.R. 645 (Bankr. E.D. Mo. 1982)
  3. Viers v. Viers600 S.W.2d 214 (Mo. Ct. App. 1980)
  4. Pederson v. Pederson599 S.W.2d 51 (Mo. Ct. App. 1980)
  5. McLaughlin v. McLaughlin585 S.W.2d 567 (Mo. Ct. App. 1979)
  6. In re Marriage of Ebinger573 S.W.2d 738 (Mo. Ct. App. 1978)

Citing references are not a citator: they show that a later opinion cites this case, not whether it followed, distinguished, or overruled it. Check negative history before relying on this case.

Authorities cited 2

DepthCaseCited by
Murphy v. Carron, 536 S.W.2d 30 (Mo. 1976) 7,110
Beckman v. Beckman, 545 S.W.2d 300 (Mo. Ct. App. 1976) 54

Keyboard shortcuts

/Focus the search box
j kNext / previous result
EnterOpen the selected result
xAdd / remove the selected result from the download list
n pNext / previous search term in a case
cCopy the citation of the current case
+ −Larger / smaller reading text
?Show this list