Jones v. Jones
Jones v. Jones
Opinion
This is an appeal from a divorce decree.
Tobye M. Jones and Keith S. Jones were married on June 1, 1975 and divorced on October 21, 1983. The divorce decree provided that, in addition to paying $250 per month in child support, Mr. Jones should pay various debts owed by his former wife, Mrs. Jones, repay Mrs. Jones' mother, Gladys Moncus, for various debts owed to her, and maintain medical insurance on the couple's minor child, Hunter McCain Jones. Mrs. Jones was given custody of the child, title to the couple's home and automobile, and extensive personal property, including furnishings and appliances. Mrs. Jones appeals, asserting that the trial court erred in: (1) failing to order Mr. Jones to repay her for money spent for his support and educational expenses while he was in undergraduate and law school, (2) failing to consider Mr. Jones' law degree and admittance to the bar as an asset of the marriage when dividing marital property and/or determining an amount of alimony, (3) failing to provide adequate child support for the couple's minor son and (4) failing to award Mrs. Jones reasonable attorney fees.
The following facts were presented to the trial court: Between 1975 and 1980, while her husband pursued his undergraduate and law degrees, Tobye Jones was employed as a social worker with the Huntsville city schools. Her income during that period was almost the exclusive source of earned income for the couple. However, her income was heavily subsidized by her mother, Mrs. Moncus, through gifts and various joint savings and trust accounts.
During the three years he was attending law school in Birmingham (Mrs. Jones remained in Huntsville), Mr. Jones roomed and boarded with Mrs. Moncus and attempted to keep his expenses at a minimum. *Page 1008 During this same period, Mrs. Jones' lifestyle remained unchanged by the couple's financial straits. With her mother's help, she lived essentially as she had previously. The record shows that rather than relying upon his wife's income to pay school expenses, Jones borrowed $15,000 to finance his law school tuition and books and that he sent as much as $2,000 per year of this money to Mrs. Jones for placement in their joint account in Huntsville.
While in law school, Jones traveled to Huntsville on weekends to be with his wife. Nevertheless, the couple drifted apart. The breakdown of their marriage continued after Jones left school and began his practice in Huntsville. He began seeing at least one other woman. The wife alleges that this was the sole factor leading to their divorce. Jones asserts other factors, including his wife's spendthrift ways and lack of affection.
The divorce decree required Jones to pay $250 monthly as child support. He had previously signed a promissory note obligating himself to repay Mrs. Moncus approximately $15,000 at a rate of $400 per month for money she advanced to Mrs. Jones while he was in school. He also executed a second promissory note agreeing to repay Mrs. Moncus $4,125 for the room and board he received while living with her. He is also currently paying $124 per month on his student loan and $200 per month in support of two children by a previous marriage.
In regard to Mrs. Jones' first, third and fourth alleged errors, we have frequently held that the awarding of attorney's fees, Gilliland v. Gilliland,
The direct contention that the husband's law degree and bar membership constitute divisible assets of the marriage has not previously been presented to this court.
The trial court's division of property and determination of alimony in divorce cases heard ore tenus is presumed correct.Butts v. Butts,
We need not consider so holding in this case because there was no evidence relating to the value of the husband's law degree, either past, present or future. There was only evidence relating to the cost of pursuing and securing it. That evidence tended to disclose that a substantial part of such cost was derived from loans from banks and Mrs. Moncus to the husband and for which he continues liable. There was some evidence that the wife maintained the family home and furnished substantial necessary logistical support for the marriage. For that she is to be commended. There is indication that insofar as there were marital assets, the court attempted to appropriately reward her. She received substantially all of those tangible assets. In view of the total evidence, including the individual income and assets of the wife and the income and obligations of the husband, we find no abuse of the discretion of the court below in the divorce decree.
Appellant's request for attorney's fees on appeal is denied.
AFFIRMED.
BRADLEY and HOLMES, JJ., concur.
Reference
- Full Case Name
- Tobye M. Jones v. Keith S. Jones.
- Cited By
- 22 cases
- Status
- Published