Frausto v. Fraust

611 S.W.2d 656 (1980)

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Nature of the Case

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Facts

During the early part of the marriage, H and W were both school teachers. It was agreed by both that H would enter medical school. W continued to work while H was obtaining his medical education, and it is clear that during such period a considerable portion of all expenses of such marriage came from the w's earnings. H obtained his doctor's license to practice medicine, and his earnings at times were substantial, but his work record is spotty, at times he was unemployed, and at other times his earnings were not large by medical standards. H testified that he had sustained injuries to both of his legs and that this made it difficult for him to work at times, and that he had quit some jobs because of this problem. H was a heavy spender. No large community estate was accumulated. W continued to work as a school teacher. Two children were born, one born in 1973 and the other in 1975. An order in the divorce decree required H to pay the sum of $20,000, payable in the amount of $200 per month, 'as a part of the division of the estate of the parties and as reimbursement for W's share of the community expense for respondent's education.' H appealed.