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Marriage of Lozon12/18/1992
, 49 St.Rep. 1135
Submitted on Briefs May 21, 1992.
Larry Lozon appeals from a decree of dissolution of his marriage to Bonnie Lozon, entered in the Eighth Judicial District Court, Cascade County, which awarded Bonnie $200 per month for maintenance for two years, in addition to an award of costs and attorney fees.
Larry contends that there is not substantial evidence in the record to support the awards of maintenance, costs, and attorney fees. We affirm the District Court decision.
Larry raises the following issues on appeal:
1. Did the District Court err when it awarded maintenance to Bonnie Lozon?
2. Did the District Court err when it awarded costs and attorney fees to Bonnie Lozon?
Bonnie and Larry Lozon were married in Great Falls on September 30, 1972. The parties separated in August 1988 and have lived apart since that time. On June 20, 1990, Bonnie filed a petition for dissolution with the District Court.
The parties have two children. Prior to the date of dissolution, Jason, who is 17, moved to live with his father in Maryland. Danielle, who is nine, resides with her mother in Great Falls. At the time of the hearing, Bonnie was 38 years old and Larry was 39 years old.
Larry worked as a drug and alcohol counselor with the United States Army throughout the parties' 19-year marriage. In late 1990 and 1991, Larry earned approximately $2400 per month after taxes as a counselor, and an additional $600 per month from his part-time work at a bowling alley in Maryland. Larry's yearly earnings from 1987-1990 averaged between $25,000 and $30,000.
In a deposition taken in August 1991, Larry stated that he was retiring from his military job in September 1991. He anticipated finding new employment as a drug and alcohol counselor in private industry or with the government and expected that his annual salary would be approximately $16,000. Larry is entitled to receive $998 per month as his military retirement pension. He estimated that his one-half share of his pension, coupled with a $16,000 salary, would provide him with a yearly income of $22,223. In addition, Larry will receive free medical care from the military for the rest of his life.
Bonnie has a tenth grade education. During the 19 years of marriage, she worked primarily as a homemaker, raising the children. She has held a few jobs outside the home. In 1974, Bonnie worked in Alaska as a dish washer. In 1979, she worked in Miesau, Germany, bussing tables and washing dishes. Between February and December 1987, and on and off in 1988, she worked in Furth, Germany, in the Commissary as a store worker . Due to a back injury, Bonnie has not done any stocking of shelves or lifting since December 1987. She is currently taking medication for both back pain and asthma. Bonnie has been unemployed since August 1988. She unsuccessfully applied for employment in 1991, but did not seek employment during the year before the trial.
Since the parties' separation in August 1988, Bonnie's only source of income has been child support. Immediately prior to the dissolution, she received voluntary monthly child support payments of $225. She supplemented this income with food stamps worth $200 per month.
As a property settlement, the parties agreed, in view of the length of their marriage, to equally divide Larry's monthly retirement pension of $998. As of the date of the dissolution, Bonnie shall receive $499 per month as her one-half share. The parties mutually divided the personal property accumulated by them during their marriage. Bonnie retained the furniture. Larry received the 1976 For
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