393 S.W.3d 120
Mo. Ct. App.2013Background
- Marriage 2006 in Cole County; Daughter is the couple's only biological child; Father adopted Mother's two older children in 2009; Parties separated Oct 2010; Mother sought protection order and moved out with children; Trial court awarded joint custody of Daughter and sole custody of adoptive children to Mother; Child support calculated only for Daughter and set at $172/month; Appeal seeks recalculation of child support and custody determination.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether child support for all children was correctly calculated | Mother argues Form 14 must include all three children. | Father contends trial court can simplify by focusing on Daughter only. | Remanded for proper Form 14 calculation for all three children. |
| Whether the joint custody award for Daughter was supported by substantial evidence | Mother asserts joint custody is unwarranted given alleged abuse and restrictions. | Father argues best-interests support joint custody given relationship with Daughter. | upheld; substantial evidence supports joint legal and physical custody. |
| Whether the trial court properly applied Woolridge to determine the presumed child support amount | Mother argues the court failed to calculate presumptively correct amount for all children. | Father contends the court can adjust after considering factors. | Remand to calculate presumptively correct amount for all three children before rebuttal. |
| Whether the court properly treated adopted children as part of the marriage for support purposes | Mother contends adopted children must be included in Form 14. | Father argues only Daughter was considered in support award. | Reversed; trial court must include adopted children in Form 14 calculation. |
Key Cases Cited
- Woolridge v. Woolridge, 915 S.W.2d 372 (Mo. App. W.D. 1996) (two-step Woolridge procedure for calculating child support)
- Roberts ex rel. Scobee v. Scobee, 360 S.W.3d 336 (Mo. App. W.D. 2012) (presumed correct amount must be correctly calculated)
- Villines v. Phillips, 359 S.W.3d 44 (Mo. App. W.D. 2011) (child support does not vanish with sole custody order)
- Gentry v. Gentry, 347 S.W.3d 179 (Mo. App. E.D. 2011) (visitation requirements and support considerations)
- Dixon v. Dixon, 62 S.W.3d 589 (Mo. App. W.D. 2001) (defer to trial court on custody findings; substantial evidence standard)
- Nelson v. Nelson, 195 S.W.3d 502 (Mo. App. W.D. 2006) (Woolridge framework applicability)
- Roberts v. Scobee, 360 S.W.3d 336 (Mo. App. W.D. 2012) (calculation of presumed child support amount)
- Gerlach v. Adair, 211 S.W.3d 663 (Mo. App. W.D. 2007) (consideration of visitation feasibility in support)