In Re Marriage of Lindhorst
347 S.W.3d 474
| Mo. | 2011Background
- Templeton and Lindhorst divorced in 1998; two children; original decree required $1,100 child support and $1,000 maintenance.
- Templeton was employed as a nurse earning $1,387/month; Lindhorst earned $5,500/month as an attorney.
- Templeton later became eligible for Social Security disability benefits due to health issues; Lindhorst earned about $125,000/year from law practice.
- At modification trial, Templeton claimed disability prevented full-time work; Lindhorst argued she could work; one medical expert suggested disability, another suggested she could work full-time at up to $52,000/year.
- Trial court imputed $1,600/month income to Templeton from presumed part-time work while recognizing Social Security disability benefits, and reduced Lindhorst’s maintenance to $500 while increasing child support to $1,273.
- Trial court did not make the modified child support retroactive to the date Templeton served her modification motion.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Maintenance modification due to income imputation | Templeton cannot earn $1,600/month while retaining SSD benefits. | Lindhorst contends reduced maintenance is appropriate given Templeton could work and the family’s financial needs. | Maintenance reversal: imputed income cannot be offset by SSD benefits. |
| Retroactive effect of modified child support | Rule 68.9(1) retroactivity applies; modification should be retroactive. | Trial court discretion to set effective date; no retroactivity if not warranted by changes. | Modified child support must be retroactive; remand for retroactivity determination. |
Key Cases Cited
- Katsantonis v. Katsantonis, 245 S.W.3d 925 (Mo.App.2008) (changed- Circumstances standard for modification of maintenance/support)
- Weaks v. Weaks, 821 S.W.2d 503 (Mo.banc 1991) (SSD benefits replace income; not working = benefits continue)
- In re Marriage of Liljedahl, 942 S.W.2d 919 (Mo.App.1996) (SSA determinations not binding on Missouri court in modification cases)
- Payne v. Payne, 206 S.W.3d 379 (Mo.App.2006) (discretion on retroactivity of child-support modifications)