580 S.W.3d 600
Mo. Ct. App.2019Background
- Kimberly Roberts (Mother) filed for dissolution Feb 9, 2015 and moved for temporary and retroactive child support; Father was served Mar 3, 2015.
- Mother obtained a default judgment May 6, 2015 awarding child support ($671/mo) including retroactive support to Nov 1, 2014; Father began partial/full payments June–Oct 2015 but paid no retroactive arrearage.
- Father moved to set aside the default judgment Sept 28, 2015; the court granted that motion Oct 28, 2015; withholding stopped and Father ceased payments Nov–Dec 2015.
- A consent pendente lite (PDL) order in Jan 2016 set support at $440/mo (effective then); parties later settled in Nov 2016 to $251/mo effective Nov 7, 2016; final decree entered Jan 29, 2017.
- Father moved for contempt and unjust enrichment Mar 15, 2017, arguing he involuntarily overpaid child support during (1) the period of the default judgment and (2) Nov 2016–Jan 2017 under the higher PDL amount; trial court found Mother unjustly enriched and awarded Father $3,777 (June 2017).
- Mother appealed; the court granted leave for late filing as to the Jan 29, 2017 final decree appeal but dismissed her challenge to the Oct 28, 2015 order as untimely. Court reversed the unjust-enrichment judgment and remanded.
Issues
| Issue | Plaintiff's Argument (Mother) | Defendant's Argument (Father) | Held |
|---|---|---|---|
| Whether the trial court erred in setting aside the May 6, 2015 default judgment | Mother: setting aside was improper because Father lacked meritorious defense and good cause | Father: his motion to set aside was proper and justified | Dismissed for lack of jurisdiction (Mother's appeal of that order was untimely) |
| Whether Mother was unjustly enriched and must reimburse Father for alleged overpayments of child support | Mother: payments were used to support the children; Father produced no evidence she was unjustly enriched or that retention was inequitable | Father: he involuntarily overpaid under a judgment later set aside and under the PDL, so he should be reimbursed | Reversed: insufficient evidence Mother was unjustly enriched; trial court’s award vacated and case remanded |
Key Cases Cited
- Popular Leasing USA, Inc. v. Universal Art Corp. of NY, 57 S.W.3d 875 (Mo. App. E.D. 2001) (treats a motion to set aside a default judgment filed after 30 days as an independent, separately appealable proceeding)
- Thorp v. Thorp, 390 S.W.3d 871 (Mo. App. E.D. 2013) (timely notice of appeal rules and Rule 81.04 timing)
- Murphy v. Carron, 536 S.W.2d 30 (Mo. banc 1976) (standard of review for court-tried cases)
- Cent. Parking Sys. of Mo., LLC v. Tucker Parking Holdings, LLC, 519 S.W.3d 485 (Mo. App. E.D. 2017) (elements of unjust enrichment)
- Holliday Inv., Inc. v. Hawthorn Bank, 476 S.W.3d 291 (Mo. App. W.D. 2015) (unjust enrichment elements cited)
- Exec. Bd. of Mo. Baptist Convention v. Windermere Baptist Conference Ctr., 280 S.W.3d 678 (Mo. App. W.D. 2009) (retention of benefit must be unjust to support unjust-enrichment claim)
- Peel v. Credit Acceptance Corp., 408 S.W.3d 191 (Mo. App. W.D. 2013) (receipt of benefit alone is insufficient absent injustice)
- Koepke Const., Inc. v. Woodsage Const. Co., 844 S.W.2d 508 (Mo. App. E.D. 1992) (measure of recovery is the unjust portion of enrichment)
- Reyner v. Crawford, 334 S.W.3d 168 (Mo. App. E.D. 2011) (plaintiff must provide evidence of the benefit conferred)
- Smith v. Smith, 17 S.W.3d 592 (Mo. App. W.D. 2000) (distinguishable precedent awarding reimbursement where parent received support after child emancipation)