Childers v. Childers
Decision Date | 19 September 2000 |
Citation | 26 S.W.3d 851 |
Parties | (Mo.App. W.D. 2000) . Wayne Allen Childers, Appellant, v. Carla Sue Childers, Respondent. Case Number: WD57777 Missouri Court of Appeals Western District Handdown Date: 0 |
Court | Missouri Court of Appeals |
Appeal From: Circuit Court of Pettis County, Hon. Robert Lawrence Koffman
Counsel for Appellant: Robert E. Harris
Counsel for Respondent: Barbara L. Teeple
Opinion Summary:
Wayne Childers appeals the judgment and decree of dissolution of marriage, relative to the awards of maintenance and child support.
AFFIRMED IN PART AND REVERSED IN PART; REMANDED FOR FURTHER PROCEEDINGS.
Division holds:
(1) Balancing wife's reasonable needs with husband's ability to pay, the trial court's award of maintenance is not unreasonable.
(2) Because the trial court failed to consider the maintenance award in calculating child support, the judgment is reversed to determine the appropriate child support amount.
Opinion Vote: AFFIRMED IN PART AND REVERSED IN PART; REMANDED FOR FURTHER PROCEEDINGS. Breckenridge and Smart, Jr., J.J., concur.
Wayne Childers ("Husband") appeals the trial court's judgment and decree of dissolution of his eighteen-year marriage to Carla Childers ("Wife"). Husband raises three points on appeal, dealing with the awards of maintenance and child support. In his first two points, Husband contends the trial court erred because there was no substantial evidence to support an award of maintenance, or, alternatively, that the amount of the award is against the weight of the evidence. In his third point, Husband contends the trial court erred in calculating child support by failing to consider the maintenance award in computing the gross monthly income of the parents. We affirm in part and reverse in part, and remand for further proceedings.
Wayne Childers and Carla Childers were married 18 years prior to their dissolution in September 1999. They have two sons, ages 18 and 14. Husband has been employed by the same company for over 16 years, while Wife has worked 11 years for her employer. At the time of the dissolution, Wife's gross earnings were $9.29 per hour, or an average of $1,610.27 per month. The trial court determined her income was $1,607, and Husband's income was $3,700. Finding also that Wife lacked sufficient property to provide for her own needs, that she was unable to adequately support herself through employment, and that she was in need of some maintenance, the trial court ordered Husband to pay to Wife modifiable maintenance of $400 per month. Husband was also ordered to pay child support in the sum of $614 per month. The trial court's division of property and orders regarding custody of the children and attorney fees are not challenged.
"Provisions in a divorce decree will be affirmed unless there is no substantial evidence to support it, it is against the weight of the evidence, it erroneously declares the law, or it erroneously applies the law." Allen v. Allen, 927 S.W.2d 881, 885 (Mo. App. 1996), citing Woolridge v. Woolridge, 915 S.W.2d 372, 375 (Mo. App. 1996); Murphy v. Carron, 536 S.W.2d 30, 32 (Mo. banc 1976). The burden of demonstrating error is on the party challenging the divorce decree. Allen, 927 S.W.2d at 885. As to maintenance orders, the trial court is granted broad discretion, and the evidence is viewed favorably to the decree, disregarding evidence to the contrary and deferring to the trial court even if the evidence could support a different conclusion. Id. Child support provisions will be upheld unless the trial court abused its discretion or erroneously applied the law. Leone v. Leone, 917 S.W.2d 608, 611 (Mo. App. 1996).
We address Husband's third point first, in which he attacks the trial court's calculation of child support. Rule 88.01 and section 452.340, RSMo 1994, govern the award of child support, providing a two-step procedure for determining the amount of child support. Woolridge, 915 S.W.2d at 378. First, the trial court is required to calculate the child support amount pursuant to Civil Procedure Form No. 14, either by accepting one of the parties' proposed Form 14 or by rejecting either party's Form 14 if not accurately or correctly completed, and preparing one of its own. Id. There is a presumption that the amount of child support calculated pursuant to Form 14 is the amount of child support to be awarded. Id. The Form 14 presumed amount may be rebutted, however, by the trial court's finding that it is unjust or inappropriate after considering all the relevant facts and circumstances of the individual case. Id. at 378-79. In the present case, the trial court rejected the Forms 14 submitted by the parties and prepared its own. Husband complains the trial court failed to include the maintenance award in computing the income of Wife for purposes of the Form 14 calculation. He argues, correctly, that the Form 14 Directions, Comments for Use require the court to first consider whether maintenance will be awarded, and determine the appropriate amount thereof before calculating child support to be awarded. Form 14; Rule 88.01. Wife concedes that if maintenance is awarded, the trial court's child support calculation was in error. We must, therefore, consider Husband's appeal of the maintenance award, raised in two points.
As to the trial court's maintenance award, Husband first contends that the trial court erred because there was no substantial evidence upon which the trial court could have found that Wife was unable to meet her own reasonable needs through appropriate employment in order to conclude she was entitled to an award of maintenance. Alternatively, he argues that the amount of the award is against the weight of the evidence, considers expenses not permitted by the law, is excessive, and therefore, is an abuse of discretion.
To award maintenance, the trial court must follow the two-part threshold test set out in section 452.335.1, RSMo. 1994.1 The court must first determine whether the spouse seeking maintenance has sufficient property, including marital property divided during the dissolution proceedings, to provide for his or her reasonable needs. In Re Marriage of Liljedahl, 942 S.W.2d 919, 924 (Mo. App. 1996). If the party requesting maintenance lacks sufficient property to meet his or her reasonable needs, the court then examines whether the party's reasonable needs can be met through appropriate employment. Id. In evaluating the merits of a party's claimed expenses, the trial court judges the credibility of witnesses and evaluates the merits of the expenses claimed. Schroeder v. Schroeder, 924 S.W.2d 22, 26 (Mo. App. 1996). The party requesting maintenance has the burden of showing need before it may be awarded. Carpenter v. Carpenter, 935 S.W.2d 89, 92 (Mo. App. 1996). A trial court has broad discretion in determining the amount and duration of a maintenance award in a dissolution case. Id. Maintenance awards are reviewed only for abuse of discretion. Id. Nevertheless, such awards cannot stand without supporting evidence. Halupa v. Halupa, 943 S.W.2d 272, 277 (Mo. App. 1997).
Husband's two points regarding maintenance overlap and factually must be considered together. He articulates a laundry list of expenses claimed by Wife that he believes were either not supported by the evidence or not properly considered by the trial court in determining her reasonable needs. Many of the expenses Husband disputes are argued under both theories. We, therefore, will address them concurrently.
Wife submitted an income and expense statement, in which she claimed expenses of $2,710.16 per month and testified at trial as to her reasonable monthly expenses. She admitted at trial that she did not break down all the expenses and allocate them between the children and herself.2 As to certain expenses listed in her statement, the record reflects that Wife testified to contrary amounts. It is on this basis that Husband claims the trial court should not have considered these expenses.
To prove claimed expenses, "statements of income and expenses are routinely admitted and relied upon without further testimony or documentary support for each individual item." Brooks v. Brooks, 957 S.W.2d 783, 788, (Mo. App. 1997)(quoting M.A.Z. v. F.J.Z., 943 S.W.2d 781, 790 (Mo. App. 1997)). However, if such expenses are disputed, or the party seeking maintenance concedes at trial his or her lack of knowledge regarding the actual amounts of the claimed expenses, or the party testifies inconsistently as to the amounts of expenses claimed in his or her income and expense statement, then the weight to be accorded to the statement is negligible and does not constitute substantial evidence of reasonable needs. Id.
The trial court found that Wife lacked sufficient property to provide for her needs and was unable to fully support herself through appropriate employment. Husband disputes several of Wife's monthly expenses, as follows, and contends that she testified in several instances to amounts different from the amounts listed in her income and expense statement. Thus, he argues there is not substantial evidence to support a finding that she does not have sufficient income from her employment to pay her reasonable expenses and that she is not entitled to maintenance.
1. $75.003 for medical and dental care and prescription drugs for the minor children. Husband argues the decree already ordered him to pay, in addition to his monthly child support payment, one-half of all uninsured health care costs, resulting in an overstatement of $37.50.
2. $22.00 for contact lens supplies for the minor son. Husband argues the decree already ordered him to pay, in addition to his monthly child support payment, one-half of this expense, resulting in an overstatement of $11.00.
3. $20.804 for...
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