In re Marriage of Kirkwood6/11/2002
Opinion Vote: AFFIRMED IN PART; REVERSED AND REMANDED IN PART WITH DIRECTIONS.
Shrum, P.J., and Montgomery, J., concur.
Opinion:
Michael M. Kirkwood ("Husband") appeals from the amended judgment of the Circuit Court of Polk County, dissolving his marriage with Teresa R. Kirkwood ("Wife"). Husband raises six points on appeal, discussed below.
Husband and Wife were married on September 30, 1978. On May 9, 2000, the parties separated and on May 12, 2000, Wife filed a petition for Dissolution of Marriage seeking disposition of the couple's marital property and separate property, maintenance, attorney's fees, and child support for the couple's only surviving child, Cheryl, born September 20, 1983. Wife also filed a "Motion for Temporary Child Support, Maintenance, and Attorney Fees, Pendente Lite."
At trial, Wife testified that Husband was in arrears in his temporary child support payments in the amount of $1,527.86. She also testified that real estate and personal property taxes for 2000, in the approximate amount of $997.77, and Cheryl's medical bills, in the amount of $1,124.60, had not been paid.
Wife also testified that the marital home was worth $50,000.00 subject to an outstanding mortgage of approximately $23,000.00. Wife further related that Husband had cashed in a life insurance policy worth $1,800.00 in the summer of 2000 and recounted that Husband's retirement plan from Lily Tulip had a present value of $4,783.49. Wife also requested custody of Cheryl and asked that Husband be ordered to pay child support, maintenance and her attorney fees, in the amount of $5,168.10.
Husband testified that he was currently working only 30 hours a week because of a slowdown in business. Accordingly, he maintained that his current monthly gross earnings were $2,177.00. Husband related that he had done his best to make payments directed by the trial court following Wife's motion for temporary support, but that in some months the payments exceeded the amount of money he was able to earn.
Regarding the marital home, Husband testified that he believed the fair market value of the home was $70,000.00 and that the equity in the home should be evenly divided between the parties. Husband acknowledged that he cashed in a life insurance policy worth $1,600.00 in the summer of 2000. He further testified that he was not financially able to pay Wife maintenance or her attorney fees and set out that she was presently capable of providing for her own needs without his assistance.
In its amended judgment, the trial court set out to each party certain items of non-marital personal property, specifically setting out to Husband, " ny non-marital portion of Worker's Compensation Claim." The marital property was divided as follows: Wife was awarded the marital home, subject to debt, Cheryl's 1994 Ford truck, worth $8,500.00, and any other personal property currently in her possession not otherwise awarded.
Husband received the proceeds of the life insurance policy he had previously cashed in, in the amount of $1,600.00, his retirement plan at Lily Tulip (now Sweetheart) worth $4,783.00, a Great Southern IRA worth $1,200.00, his 1994 Ford truck, with a value of $5,900.00, " ny marital portion of a Worker's Compensation Claim," and any other personal property currently in his possession, not otherwise awarded.
Additionally, Wife was ordered to pay the debt on the marital home, in the approximate amount of $23,000.00, a J.C. Penney credit card, with a minimal balance owed, and an MBNA credit card, with a balance of approximately $400.00. Husband was ordered to pay all other debts, including those
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