Braddy v. Braddy
2010 Mo. App. LEXIS 1624
| Mo. Ct. App. | 2010Background
- Braddy (Father) and Braddy (Mother) divorced in 1990; custody awarded to Mother and Father ordered to pay child support for three children.
- The dissolution judgment required support every two weeks and shared uninsured medical costs, with health insurance obligations when available; no emancipation finding for the Twins initially.
- In 2005 Father filed an affidavit seeking termination of child support; Mother filed responsive pleadings asserting the Twins' incapacity and seeking modification of support and additional relief.
- In 2009 the trial court appointed Mother as guardian/conservator for the Twins, deeming them partially incapacitated and totally disabled under Missouri law; trial proceeded on amended motions.
- The trial court later held the Twins were emancipated by operation of law in June 2004 and denied insolvency, then offset medical reimbursements against overpayments; on appeal the court reversed, holding no emancipation and no offset, remanding for modification proceedings.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the court had jurisdiction to modify after age 18 before 22 | Mother argued no jurisdiction to extend support past emancipation. | Father argued lack of timely modification and lack of authority. | Court had jurisdiction to modify and consider modification. |
| Whether the Twins were emancipated by operation of law at age 18 | Mother contends Twins were insolvent and incapacitated, not emancipated. | Father contends emancipation occurred when Twins turned 18 after high school graduation. | Twins were not emancipated by operation of law; emancipation did not occur on their eighteenth birthday. |
| Whether the Twins were insolvent under §452.340.4 at age 18 | Mother presented substantial evidence of insolvency at age 18 and ongoing insolvency. | Father challenged evidence of insolvency, highlighting current earnings and assets. | Twins were insolvent at age 18; trial court erred in finding no insolvency. |
| Whether Father’s reimbursements should be offset against past support | Overpayments should not offset unreimbursed medical expenses; offset requires emancipation. | Offset was allowed due to overpayment against other obligations. | No offset; past support payments cannot be offset against unreimbursed medical expenses when emancipation did not occur. |
Key Cases Cited
- Webb ex rel. J.C.W. v. Wyciskalla, 275 S.W.3d 249 (Mo. banc 2009) (trial court authority to modify supports when circumstances warrant)
- Bright v. Bright, 989 S.W.2d 196 (Mo. App. S.D.1999) (incapacity plus insolvency required to extend support past 18)
- Hicks v. Quednow, 197 S.W.3d 217 (Mo. App. W.D.2006) (solvency and incapacity evidence must be substantial)
- King v. King, 969 S.W.2d 903 (Mo. App. W.D.1998) (insolvency and incapacity on eighteenth birthday determining emancipation analysis)
- Racherbaumer v. Racherbaumer, 844 S.W.2d 502 (Mo. App. E.D.1992) (insolvency and incapacity standards for post-eighteen support)
- In re Marriage of D.R.S., 817 S.W.2d 615 (Mo. App. S.D.1991) (evidence of ability to support self relevant to insolvency inquiry)
- Denney v. Winton, 184 S.W.3d 110 (Mo. App. S.D.2006) (definition of insolvency as inability to pay debts as due)
- State ex rel. Albert v. Sauer, 869 S.W.2d 853 (Mo. App. W.D.1994) (evidence requirements for insolvency in support-modification context)