391 S.W.3d 921
Mo. Ct. App.2013Background
- Father appeals a dissolution judgment awarding joint custody and child support of $428/mo.
- Trial court calculated child support using dual Form 14s despite joint custody.
- Trial court rejected both parties’ Form 14s and provided its own calculation.
- Court used split-custody methodology not applicable to joint physical custody.
- This court reverses and remands to recalculate single Form 14 and apply §452.340 factors.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether dual Form 14s was proper for joint custody | Roberts argues dual Form 14s misapplies law | Mother contends dual Form 14s reflect split custody | Improper; remand to use single Form 14 |
| Remand instructions for recalculation and factors | Roberts seeks proper Form 14 and statutory factors | Mother would accept standard recalculation | Remanded to recalculate with single Form 14 and apply §452.340 factors |
Key Cases Cited
- Derks v. Surface, 189 S.W.3d 692 (Mo.App. W.D.2006) (split-custody procedure not for joint custody)
- Stuckmeyer v. Stuckmeyer, 117 S.W.3d 687 (Mo.App. E.D.2003) (credit for overnight visitation on Form 14 Line 11)
- McCandless-Glimcher v. Glimcher, 73 S.W.3d 68 (Mo.App. W.D.2002) (joint custody requires single Form 14)
- Woolridge v. Woolridge, 915 S.W.2d 372 (Mo.App. W.D.1996) (presumed correct amount via Form 14 step one)
- Nelson v. Nelson, 195 S.W.3d 502 (Mo.App. W.D.2006) (two-step Form 14 procedure; review for substantial evidence)
- Murphy v. Carron, 536 S.W.2d 30 (Mo. banc 1976) (standard of review for judgments)