Ferry v. Ferry
327 S.W.3d 599
Mo. Ct. App.2010Background
- Husband and Wife married in 2000, separated in 2005, and divorced in 2007; at dissolution Wife earned $3437/month and Husband $6866/month, with the trial court imputing $4583 and $12,500 respectively.
- Wife was awarded primary custody of two minor children, child support of $1680/month, and maintenance of $1250/month.
- In 2009 Husband moved to modify, alleging changed financial circumstances; trial occurred December 22, 2009.
- Wife earned about $53,000 in 2009; Husband earned $116,432 by December 15, 2009; Form 14 used the numbers $4416 for Wife and $10,636 for Husband per month after extrapolation.
- The court denied modification of child support (less than 20% variance from original award) and reduced maintenance to $1050/month.
- On appeal, Husband argued miscalculation of child support and improper maintenance factors; the court reversed in part and remanded for recalculation and reconsideration.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Did the court err in denying child support modification based on Form 14 using unsupported income figures? | Husband contends 2009 income figures were incorrect, triggering a prima facie change. | Wife contends the original figures were correct and nonchange in the required 20% variance defeats modification. | Yes; remand for recalculation using actual 2009 monthly income. |
| Was Wife's claimed child care expense correctly included in Form 14? | Husband argues the court erred in crediting $500 for child care based on 2008 costs. | Wife's testimony supported the expense, and the court credited it as credible. | Partly affirmed; remand to revisit the line item. |
| Did the court abuse discretion by including child-related expenses in Wife's maintenance needs? | Husband asserts child expenses should be excluded from Wife's maintenance needs. | Wife contends those expenses are legitimate personal needs. | Yes; exclude child-related items from maintenance calculation and remand to determine maintenance anew. |
Key Cases Cited
- Corrier v. Corrier, 112 S.W.3d 443 (Mo.App.2003) (standard for reviewing modification of dissolution decree; substantial evidence and discretion)
- Morrison v. Meadors, 892 S.W.2d 786 (Mo.App.1995) (credibility of witness testimony in domestic cases)
- Buchholz v. Buchholz, 166 S.W.3d 146 (Mo.App.2005) (child expenses excluded from maintenance needs)
- Adams v. Adams, 51 S.W.3d 541 (Mo.App.2001) (maintenance discretion and review)
- Cohen v. Cohen, 73 S.W.3d 39 (Mo.App.2002) (allocation of family expenses and maintenance considerations)
- Nichols v. Nichols, 14 S.W.3d 630 (Mo.App.2000) (considerations in maintenance and spousal support)