419 S.W.3d 828
Mo. Ct. App.2013Background
- Marriage of Mother and Father in 1999; three children: A.K.M., G.W.M., A.R.M.; dissolution in 2009 with joint custody and Father’s address designated as residence; parenting plan provided for alternating three-week custody periods and holidays; no formal child support obligation in the decree but Father received a $700/month military allotment to Mother; Father deployed to Afghanistan in 2009–2010 while Mother resided in Missouri and SC; in 2010 Father returned, proceeded to SC for visits but stopped sending money after Mother claimed she would not move to Missouri; children briefly returned to SC for summer 2010 and Thanksgiving 2010, after which disputes continued; Mother filed motion to modify custody/support on December 3, 2010; Father filed counterclaims August 30, 2011; trial court found substantial change in circumstances and awarded ongoing joint custody with residence with Father, adopted Father’s Form 14, ordered Mother to pay $431/month, and ordered retroactive support from December 3, 2010 at $100/month until paid in full; on October 19, 2011 judgment, this retroactive start date was reversed on appeal and remanded.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Best interests evidence sufficiency | Mother argues findings lack substantial evidence and are against weight of the evidence | Father contends findings are supported by evidence showing ongoing concerns and favorable inferences | Denied; findings supported by substantial evidence and weight of the record. |
| Adoption of Form 14 for child support | Mother contends Form 14 figures for her income are not supported | Father argues income fluctuates; averaging appropriate and supported by pay stubs | Denied; Form 14 adoption affirmed; averaging of income appropriate given fluctuation. |
| Retroactive child support start date | Mother asserts retroactive support should begin Dec 3, 2010 | Father prevails and motion filed Aug 30, 2011; retroactive period should start then | Granted in part; retroactive support should begin Aug 30, 2011; remand for amount calculation. |
| Certainty of retroactive amount | Retroactive amount should be definite or calculable by formula | Need for specificity; otherwise unenforceable | Remanded; trial court to specify amount or provide calculation method. |
Key Cases Cited
- Campbell v. Campbell, 868 S.W.2d 148 (Mo.App. S.D.1993) (standard of review for custody cases; evidence/weight/apply law)
- Copeland v. Copeland, 148 S.W.3d 327 (Mo.App. S.D.2004) (substantial evidence/weight/deference to trial court)
- Tracy v. Tracy, 961 S.W.2d 855 (Mo.App. S.D.1998) (favorable inferences; defer to trial court credibility)
- Houston v. Crider, 317 S.W.3d 178 (Mo.App. S.D.2010) (framework for challenging factual support/weight of evidence)
- Ricklefs v. Ricklefs, 39 S.W.3d 865 (Mo.App. W.D.2001) (Form 14 error requires proper calculation and evidence-based inputs)
- Behnke v. Behnke, 829 S.W.2d 45 (Mo.App. E.D.1992) (averaging of income appropriate when fluctuating income)
- Price v. Price, 921 S.W.2d 668 (Mo.App. W.D.1996) (income averaging when fluctuating auto-worker wages)
- Harrison v. Harrison, 871 S.W.2d 644 (Mo.App. S.D.1994) (tips-based income; averaging acceptable)
- Lokeman v. Flattery, 146 S.W.3d 422 (Mo.App. W.D.2004) (retroactive support; prevailing party timing)