Cynthia A. (Quick) Goers v. Christopher L. Goers
2016 Mo. App. LEXIS 969
| Mo. Ct. App. | 2016Background
- Christopher L. Goers (Father) and Cynthia A. (Quick) Goers (Mother) divorced; Mother awarded sole custody of three children and Father ordered to pay $480/month plus half uninsured medical expenses (retroactive Nov. 1, 2012).
- Father was convicted, incarcerated (Aug 9, 2013–Jan 30, 2015; later retried and re-sentenced, with additional custody time), earned negligible income while jailed, and never made regular support payments; arrearage exceeded $12,000 at hearing.
- Father moved to modify support (filed Sept. 18, 2013; amended Mar. 12, 2015), seeking termination of support and of his obligation to pay half of uninsured medical/dental expenses, retroactive to Oct. 11, 2013 (date Mother was served with his motion).
- At the Apr. 1, 2015 hearing Father testified he had limited health and employment prospects, sought disability, and had little/no income; Mother testified to unpaid support and presented updated Form 14 imputation.
- The motion court found a substantial and continuing change in circumstances, modified support to $100/week (approx. $433/month) retroactive to Oct. 11, 2013, terminated Father’s obligation to pay half uninsured medical costs, and granted Mother a lien on Father’s prison account; Father’s post-judgment motion was denied and he appealed.
Issues
| Issue | Goers' Argument | Quick Goers' Argument | Held |
|---|---|---|---|
| Whether incarceration and changed circumstances justify modifying child support | Incarceration, near-zero income, poor health, and limited earning ability make original award unreasonable; seek termination or reduction (retroactive to Oct. 11, 2013) | Original award based on imputed income under Form 14 remains presumptive; arrears and children’s needs weigh against termination | Court did not abuse discretion: modified support to $100/week retroactive to Oct. 11, 2013 (reduction, not termination) |
| Whether modification may be made retroactive to date motion was served (Oct. 11, 2013) | Relief should be retroactive to when Mother was served with modification motion | Opposed or argued for traditional limits on retroactivity / enforcement of arrears | Court allowed retroactive modification to Oct. 11, 2013 (as requested) |
| Whether Father’s obligation to pay half of uninsured medical/dental expenses should be terminated | Argued inability to pay and changed circumstances warrant elimination of that obligation | Mother relied on original order allocating medical costs and children’s needs | Court terminated Father’s obligation to pay half of uninsured medical costs (retroactive and going forward) |
Key Cases Cited
- Breuer v. Breuer, 449 S.W.3d 409 (Mo. App. 2014) (standard of review: modification rests in trial court’s discretion)
- Oberg v. Oberg, 869 S.W.2d 235 (Mo. App. 1993) (incarceration does not automatically excuse support; factors to weigh including length of incarceration and postrelease earning potential)
- State ex rel. Mosier v. Klein, 83 S.W.3d 15 (Mo. App. 2002) (reduction to a trivial support amount may be manifestly unreasonable when future burden equals large portion of pre‑incarceration income)
- Denton v. Sims, 884 S.W.2d 86 (Mo. App. 1994) (affirming trial court’s modification for incarcerated parent; compares accrued arrears against ability to pay)
- Bell v. Bell, 125 S.W.3d 899 (Mo. App. 2004) (explaining two-step Rule 88.01/Form 14 process: compute presumed support then consider rebuttal factors)