417 S.W.3d 878
Mo. Ct. App.2014Background
- Husband and Wife were married in November 2003 and have two minor children.
- The parties separated in June 2012; dissolution proceedings began August 17, 2011.
- Wife sought pendente lite support; trial court ordered Wife to receive children’s Social Security benefits (~$1,528/mo) and shared expenses.
- Trial occurred non-consecutively in summer 2012; Judgment entered September 18, 2012 dissolving marriage and awarding maintenance, child support, and Wife’s attorney’s fees ($4,000).
- Husband moved to set aside/vacate/correct Judgment on October 12, 2012; motion deemed denied for lack of ruling.
- On appeal, court grants in part, reverses and remands in part related to Form 14 child support worksheet; addresses Social Security income and maintenance findings.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Must Form 14 be used and attached? | Sullins contends Form 14 not properly applied/attached. | Sullins argues the court failed to make mandatory Form 14 findings due to blank worksheet. | Point granted; remand for proper Form 14 and consistent findings. |
| Did court properly consider Social Security income in maintenance? | Husband claims SS benefits to Wife were uncredited resources affecting needs. | Wife argues court properly considered all relevant financial resources. | No abuse of discretion; court considered SS income; remand on Form 14 accuracy. |
| Is permanent maintenance appropriate given potential changes in finances? | Husband asserts retirement accounts’ depletion shows impending change not addressed. | Wife argues maintenance is appropriate given lack of employment and needs. | Court did not abuse discretion; no evidence of imminent change; maintenance affirmed. |
Key Cases Cited
- Crow v. Crow, 300 S.W.3d 561 (Mo.App. E.D. 2009) (failure to attach Form 14 requires reversal)
- Weaks v. Weaks, 821 S.W.2d 503 (Mo. banc 1991) (credit for social security benefits against child support)
- Adams v. Adams, 108 S.W.3d 821 (Mo. App. W.D. 2003) (child’s SS benefits not to be included in maintenance)
- Garner v. Garner, 973 S.W.2d 513 (Mo.App. E.D. 1998) (two-step Form 14 analysis mandatory)
- Thorp v. Thorp, 390 S.W.3d 871 (Mo.App. E.D. 2013) (application of Form 14 calculation; presumptive amount)
- Schroeder v. Schroeder, 924 S.W.2d 22 (Mo.App. E.D. 1996) (unlimited maintenance preferred; duration justified by change in circumstances)