Clare v. Clare

• Decision Date: 11 May 1993
• Docket Number: No. WD
• Citation: Clare v. Clare, 853 S.W.2d 414 (Mo. App. 1993)
• Parties: Sue Ellen CLARE, Respondent, v. Vernie Julius CLARE, Appellant. 46720.
• Court: Missouri Court of Appeals

Page 414

853 S.W.2d 414

Sue Ellen CLARE, Respondent, v.Vernie Julius CLARE, Appellant.

No. WD 46720.

Missouri Court of Appeals Western District.

May 11, 1993.

Elton W. Fay, Columbia, for appellant.

Jean Strandberg Goldstein, Columbia, for respondent.

Before FENNER, P.J., and ULRICH and SPINDEN, JJ.

PER CURIAM:

Vernie Julius Clare appeals the trial court's order modifying his child support obligation.He contends that the trial court erred by awarding more child support than the Form 14 amount without a finding that the Form 14 amount was unjust or inappropriate.We reverse.

On July 2, 1985, the trial court dissolved the parties' marriage.On November 7, 1990, the trial court modified the decree of dissolution to require that Vernie Clare pay $250 a month in child support for each of the two children born of the marriage.At that time, Vernie Clare earned about $482 a week working for a hydraulic components manufacturer.

His employer terminated his job during March 1992.He received $6793.63 in severance pay, and he withdrew his share of the company's retirement fund, $1805.97.He later found a part-time job, paying $675 a month, as a maintenance worker.

As soon as he lost his job, he filed a motion to modify the decree of dissolution to reduce his child support obligation.He also asked for a temporary child support reduction pendente lite and supported the request with a Form 14 listing his gross income as $736 a month and computing his total child support obligation as $170.70 a month.On May 7, 1992, the trial court issued a temporary order reducing his total child support payment to $320 a month.

On May 4, 1992, Sue Clare filed a Form 14 computing Vernie Clare's gross income at $833 a month and a total child support obligation of $262 a month.On August 4, 1992, Vernie Clare filed a revised Form 14 in which he calculated a monthly gross income of $675 a month and a total child support obligation of $154.38 a month.

On August 11, 1992, the trial court entered its judgment.It ordered Vernie Clare's child support "continued as fixed in order of May 7, 1992 at $160 per child per month, court having due regard for [his] former employment, ability to earn, retirement and pension benefits received."

Vernie Clare appeals, claiming that the trial court ordered him to pay more than the Form 14 amount.He argues that the trial court cannot do this without finding that the Form 14 amount was unjust or inappropriate, and the trial court did not make such a finding.

Rule 88.01(e) establishes a rebuttable presumption that child support calculated pursuant to Form 14 is the amount to be awarded by the trial court.The rule also provides that a written or specific finding on the record that the Form 14 amount, after considering all relevant factors, is unjust or...