Mehler v. Martin
2014 Mo. App. LEXIS 650
| Mo. Ct. App. | 2014Background
- Dissolution 2005 awarded joint legal custody and Mother had sole physical custody with Father visitation; Father ordered to pay $800 monthly child support.
- In 2006, Mother remarried and moved from Ste. Genevieve to Eureka; Mother testified there was an oral relocation agreement with Father.
- Father later denied the relocation agreement; Father moved to modify custody and Mother cross-moved to modify.
- Trial court granted sole legal custody to Mother for two children, altered visitation, increased Father’s support to $1,000, and ordered $12,500 in Mother’s attorney’s fees plus anger-management therapy for Father.
- Appeal contested relocation notice, best-interests analysis, modification of legal custody, child-support calculation, attorney’s fees allocation, and anger-management order.
- Appellate court affirm modified custody in part, reverse/remand on child support calculation, and affirm other aspects including anger-management order.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Relocation notice sufficiency | Father: failure to give written notice undermines relocation | Mother: notice not determinative; relocation may be approved upon best interests | Notice not determinative; relocation still permissible after best-interests review |
| Good faith of relocation | Mother moved to Eureka to improve life; good faith unsupported actors | Mother acted in good faith for child welfare and stability | Court supported relocation in good faith and best-interests finding |
| Best interests and modification of custody | Modification not justified by best-interests factors; Father favored by stability | Modification favored Mother based on multiple factors including contact needs and health concerns | Modification to favor Mother for two younger children supported; overall best interests met |
| Modification of sole legal custody | Change requires change of circumstances showing need to serve best interests | Deterioration in parental communication constitutes change of circumstances | Sufficient change in circumstances; sole legal custody awarded to Mother for two children |
| Calculation and procedure for child support | Court erred by using three Form 14s and averaging; failed to compute presumed amount | Adjustments for new marriages and moving party status were improper | Remanded to compute presumed Form 14 amount under Rule 88.01; averaging method improper |
Key Cases Cited
- Murphy v. Carron, 586 S.W.2d 30 (Mo. banc 1976) (standard of review for custody decisions)
- Hightower v. Myers, 304 S.W.3d 727 (Mo. banc 2010) (custody modification standards)
- Allen ex rel. Allen v. Gatewood, 390 S.W.3d 245 (Mo.App.W.D.2013) (no absolute relocation right absent notice)
- Margolis v. Steinberg, 242 S.W.3d 394 (Mo.App.E.D.2007) (change of circumstances via communication breakdown warranting modification)
- Hueckel v. Wondel, 270 S.W.3d 450 (Mo.App.S.D.2008) (communication breakdown as change of circumstances for custody)
- Neal v. Neal, 281 S.W.3d 330 (Mo.App.E.D.2009) (Rule 88.01 Form 14 presumed amount; calculation method)
- Cross v. Cross, 318 S.W.3d 187 (Mo.App.W.D.2010) (adjustments for children from new marriage in Form 14)
- Pilger v. Pilger, 972 S.W.2d 628 (Mo.App.S.D.1998) (supervision conditions for visitation insufficiently definite)