Daniels v. Yasa

• Docket Number: 122,080
• Decision Date: 03 December 2021
• Parties: Crystal M. Daniels, Appellee, v. Mwendalubi Yasa, Appellant.
• Court: Kansas Court of Appeals

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Crystal M. Daniels, Appellee,
v.
Mwendalubi Yasa, Appellant.

No. 122, 080

Court of Appeals of Kansas

December 3, 2021

NOT DESIGNATED FOR PUBLICATION

Appeal from Harvey District Court, Stephen A. Hilgers, magistrate judge.

Stacey S. Stranathan, of Stranathan Law, LLC, of Leawood, for appellant.

No appearance by appellee.

Before Malone, P.J., Powell and Cline, JJ.

MEMORANDUM OPINION

Powell, J.:

Mwendalubi Yasa and Crystal Daniels divorced in 2001 in Jackson County, Missouri. As a part of the divorce decree, Yasa was ordered to continue to pay child support and to pay half of the educational and medical expenses for their son, Joshua, after he graduated high school if Joshua met certain conditions imposed by Missouri law. However, these obligations were not satisfied as Joshua failed to satisfy Missouri's college enrollment, performance, and reporting requirements. After discovering Joshua's failure to meet these statutory requirements entitling him to receive continued child support, Yasa sought termination of his child support obligation and for reimbursement of overpaid amounts.

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After an evidentiary hearing, the district court determined that Yasa's support obligations terminated effective October 1, 2018, due to Joshua's failure to satisfy Missouri's statutory requirements to continue receiving child support after graduation from high school. However, the district court refused to order any refunds or offsets against amounts owed. Yasa now appeals, claiming his child support should have ended upon Joshua's graduation from high school in May 2016 and he is entitled to a refund for overpaid amounts.

After a studied review of Missouri law and the record before us, we agree that Yasa's child support obligation ended upon Joshua's graduation from high school as Joshua failed to comply with the requirements of Missouri law entitling him to child support after that time. We also agree with Yasa that he is entitled to a refund, plus interest, of any child support payments he made after Joshua's emancipation, which- according to our reading of Missouri law-did not occur as a matter of law until Joshua's college informed him that he was not eligible to reenroll. Additionally, we find the child support judgment against him for amounts he allegedly owed after Joshua's graduation should be vacated and a credit equaling the amounts he wrongly paid be issued against any arrearages he may owe. Thus, we affirm in part, reverse in part, vacate in part, and remand for further proceedings.

Factual and Procedural Background

When Yasa and Daniels divorced in 2001, a Missouri court entered a Judgment of Dissolution of Marriage which equitably divided the parties' property and determined custody and parenting time for Joshua, a minor child at that time. The divorce decree included an order for child support that required Yasa to pay Joshua's educational expenses even after reaching the age of majority, so long as Joshua met specific statutory requirements required by Missouri law. The relevant portion of the order provides:

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"[Yasa] shall pay to [Daniels] the sum of five hundred ninety-six dollars and forty cents ($596.40) per month as and for child support for said minor child, beginning December 1st, 2001, and until such time as that child dies, becomes emancipated, reaches the age of 18 or graduates from a secondary school, whichever later occurs. Pursuant to § 452.340(5) RSMo., if the child is enrolled in an institution of vocational or higher education no later than October first following graduation from a secondary school and so long as the child continued to attend such institution, the support obligation shall continue until the child completes his education or reaches age 22, whichever first occurs." (Emphasis added.)

The divorce decree also states:

"College: [Daniels] shall pay fifty percent and [Yasa] shall pay fifty percent of the actual expenses for tuition; room and board, including a meal ticket at the institution attended by the child; and fees, reduced by scholarships, grants, stipends and other cost reducing programs

"However, if the child resides outside the dormitory the parent's obligation for room and board should be limited to the cost based on the resident dormitory fee plus full meal ticket at that institution

"The college expenses should be paid so long as the child provides proper statutory notice of the classes enrolled in and grades to both parents each semester and carries the minimum required number of credits, or the child turns age 22, or is otherwise emancipated."

The divorce decree also contained a provision for noncovered medical expenses for Joshua:

"Non-covered Costs: [Daniels] shall pay fifty percent and [Yasa] shall pay fifty percent of the cost expense or charges for all medical, dental, orthodontic, endodontic, prescription, optical, psychological, nursing, counseling and other health care expenses incurred by or on behalf of the child to the extent that such 'medical costs' are actually incurred and are not fully covered or not fully paid or reimbursed by the health benefit plan."

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After the divorce, Daniels registered the Missouri child support order in Texas where she was living. In 2009, she filed the Missouri child support order in the Harvey County District Court, as Yasa was a resident of Harvey County, and in July 2009, the district court confirmed the registration of this foreign support order.

Joshua turned 18 years old in November 2015; however, Yasa's support obligations continued because Joshua did not graduate high school until May 2016. Joshua then enrolled in college for the Fall 2016 semester.

In August 2017, the Kansas Department for Children and Families (DCF) filed a Motion for Modification of Child Support on behalf of the State of Texas and Daniels, arguing a material change in circumstances justified the modification. In November 2017, DCF filed a Motion for a Medical and Educational Expense Judgment.

On December 14, 2017, the district court entered an order modifying support. The district court found there had been a material change of circumstances sufficient to justify a modification of child support and ordered Yasa to pay $2, 315 monthly, effective September 1, 2017. On December 28, 2017, the district court entered a journal entry of judgment ordering Yasa to pay his portion of unpaid past noncovered medical expenses and educational expenses. These obligations totaled $2, 490.88 for the medical expenses and $10, 000 for Joshua's educational expenses, for a total judgment of $12, 490.88.

Yasa subsequently sought a new trial concerning the medical and educational expense judgment, but before the district court ruled on that motion, Yasa filed on April 28, 2018, a Motion to Set Aside Judgement; Motion for Termination of Child Support; Motion for Reimbursement of Child Support; and Motion for Repayment of Withheld Wages. In that motion, Yasa argued that under Missouri's child support statute, Mo. Rev. Stat. § 452.340.5 (2016 Supp.), Joshua was no longer entitled to receive child support from him because Joshua had failed to meet the statute's college enrollment,

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performance, and reporting requirements. This statute essentially mandates that for a child support obligation to continue after a child has reached the age of majority and has graduated from high school, that child must be enrolled in and complete 12 credit hours a semester and achieve grades sufficient to reenroll at the institution. The statute also mandates reporting certain enrollment and grade information to parents every semester.

Yasa's motion alleged that for the Fall 2016 semester, Joshua completed only 10 credit hours and he was not eligible to reenroll at the college after the Fall 2017 semester because of his academic performance. Yasa further argued that because Joshua did not meet the statutory requirements for continued support, he became emancipated beginning in June 2016, the month after his high school graduation, meaning Yasa's child support obligations should have ceased then.

On August 21, 2018, the district court held a new trial on all matters previously heard, partly because there purportedly had been an equipment malfunction at the first trial in December 2017 and no recording of that trial had been made.

Yasa argued and presented evidence that Joshua and Daniels had failed to comply with the Missouri statutory requirements for the continuation of child support after Joshua's graduation from high school-its academic, enrollment, and reporting requirements. The evidence revealed that for each of the four semesters Joshua attended college he failed to satisfy at least one condition required for compliance with the Missouri statute. In Fall 2016, Joshua did not complete enough credit hours or provide Yasa with the required documentation. In Spring 2017, Joshua did not supply Yasa with the required documentation. In Fall 2017, Joshua did not complete enough credit hours, did not achieve satisfactory academic performance, and did not provide Yasa with the required documentation. In Spring 2018, Joshua did not achieve sufficient academic progress and did not supply Yasa with the required documentation.

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Given Joshua's failure to comply with the statutory requirements entitling him to continued child support, Yasa argued Joshua should be deemed emancipated following his graduation from high school. Yasa also argued that because neither Daniels nor Joshua properly reported to him Joshua's college enrollment and performance, he was entitled to a refund of all child support paid after Joshua's high school graduation, plus interest, and that any arrears should be erased.

Subsequently, on October 2, 2018, the district court issued its written decision, which stated:

"It is the decision of this Court, after having reviewed all

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