Cox v. Cox
2012 Mo. App. LEXIS 1058
Mo. Ct. App.2012Background
- Father appeals a judgment terminating Mother’s child support for Son based on emancipation under § 452.340.5.
- Parties divorced in 1998; initial dissolution judgment ordered no child support; later modification created a postsecondary support obligation under a joint parenting plan.
- The plan requires 50% of postsecondary education costs and mandates compliance with Missouri statutes for continuation of support past 18.
- Son’s academic history: MSU GPA and credit hours deteriorated; he faced probation and suspension, then attended OTC and Evangel in 2010.
- MSU adopted a new academic status policy in July 2010 affecting standing based on cumulative GPA and credits; Son’s standings deteriorated.
- Mother petitioned to terminate support in July 2010; after hearings in 2011, the trial court terminated support finding Son was emancipated for failing to meet 12 credits per semester and to maintain grades sufficient to reenroll.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Son was emancipation under § 452.340.5. | Father contends the statute required reenrollment grades, not automatic emancipation for credit shortfalls. | Mother argues noncompliance with 12 credits and grades supports emancipation. | Emancipation based on failed grades and credit requirements supported. |
| Whether the trial court misapplied the law by ignoring public education policy. | Father asserts court should liberalize to promote higher education. | Mother asserts statute is clear and mandatory. | No liberal construction; statute clear and controlling. |
| Whether the parenting plan independently bound continuation of support separate from § 452.340.5. | Father argues plan kept support alive regardless of statute. | Mother argues plan requires compliance with statutory continuation rules. | Plan depends on statutory requirements; termination upheld under statute. |
Key Cases Cited
- Lombardo v. Lombardo, 35 S.W.3d 386 (Mo.App.2000) (12 credit hours per semester not required for emancipation; grades matter)
- Rozelle v. Rozelle, 320 S.W.3d 225 (Mo.App.2010) (2007 amendment dealt with partial credit; still requires grades to reenroll)
- Kreutzer v. Kreutzer, 147 S.W.3d 173 (Mo.App.2004) (emancipation analysis under § 452.340.5 for postsecondary education)
- Pickens v. Brown, 147 S.W.3d 89 (Mo.App.2004) (liberal construction to promote higher education when statutory language allows)