Dowell v. Dowell, WD59556

• Court: Court of Appeal of Missouri (US)
• Writing for the Court: PER CURIAM
• Citation: 73 S.W.3d 709
• Parties: Charles Clifford Dowell, Respondent v. Crystal Dean Dowell, Appellant WD59556 Missouri Court of Appeals Western District 0
• Decision Date: 19 February 2001
• Docket Number: WD59556

Charles Clifford Dowell, Respondent
v.
Crystal Dean Dowell, Appellant

WD59556

Missouri Court of Appeals Western District

02/19/2002

Appeal From: Circuit Court of Morgan County, Hon. Peggy Dean Richardson

Counsel for Appellant: Carla G. Holste

Counsel for Respondent: James S. Grantham

Opinion Summary:

Crystal Dean Dowell ("Mother") appeals the court's judgment terminating Charles Clifford Dowell's ("Father") obligation to pay child support for the parties' daughter, Amber Dowell.

Division One holds: (1) While Mother focused exclusively on section 452.340.3(4) in arguing that her daughter was not emancipated, case law holds that child support is terminated by emancipation of a child as provided generally in section 452.370.4, even when section 452.340.3 does not apply.

(2) Where the daughter and her boyfriend jointly pursued independent living by leasing an apartment together, with boyfriend working outside the home and daughter maintaining the household, and where daughter secured food stamps for the household, both may be considered "self-supporting" for the purposes of section 452.340.3(4).

(3) The record supports a finding that Mother impliedly consented to her daughter's emancipation where Mother disapproved but took no steps to stop daughter and took no action to exercise parental control, because emancipation may be implied from a parent's acquiescence to a child's conduct.

(4) The record contains sufficient evidence to find that daughter was emancipated according to common law principles and pertinent case law.

(5) While the record may have supported a different outcome, emancipation is a factual inquiry to be determined by the fact finder, the trial court determined daughter was emancipated, and we therefore must disregard all contrary evidence.

Smart, P.J. and Lowenstein, J., concur.

Joseph M. Ellis, Judge

Crystal Dean Dowell ("Mother") appeals the trial court's judgment terminating Charles Clifford Dowell's ("Father") obligation to pay child support for the parties' daughter, Amber Dowell.

On October 22, 1999, the Circuit Court of Morgan County entered a judgment dissolving the marriage between Mother and Father. The dissolution decree granted Mother primary physical custody of the parties' minor child, Amber Dowell. Father was ordered to pay Mother $338 each month for child support. He was also ordered to pay an additional $169 per month toward an arrearage of $2,740. On July 19, 2000, Father filed a motion to modify the dissolution decree, in which he alleged that Amber was emancipated and prayed that his obligation to pay child support be terminated. After a hearing, on January 18, 2001, the trial court formally entered its judgment terminating child support. Mother brings this appeal.

Amber was born on September 8, 1982. She was 17 years old when the court entered its dissolution decree. At the time, she had borne a son, and both she and her son were living with Mother. Sometime in May 2000, Amber decided to move out of Mother's house. Amber and her son moved in with Amber's boyfriend and her son's father,(FN1) Josh Reed, at his apartment. Shortly thereafter, on May 27, 2000, Amber and Mr. Reed signed a lease for a different apartment and moved into the new premises.

Amber, Mr. Reed and the baby acted and represented themselves as an independent household. Mr. Reed was employed as a cook at the Rail Fence Cafe. Amber stayed home to care for their child. Mr. Reed's income paid most of the household expenses. However, Amber, on behalf of the family, applied for and received food stamps. When she applied for the food stamps, she declared her household to consist of herself, Mr. Reed and their son. In addition, Amber had previously applied for and was receiving Medicaid benefits for their son.

Father had no objection to Amber's decision to live on her own. Mother was opposed to the arrangement but took no action to stop it. Amber received no support from her parents while she was living with Mr. Reed. Mother did pay her $20 for cleaning her house once, but did not give her additional money because she did not want to give Amber the impression that she supported her living arrangements.

On July 19, 2000, after Amber and Mr. Reed had been living together for approximately two months, Father filed his motion to modify alleging that Amber was emancipated. Approximately a month later, Amber, her son and Mr. Reed left the apartment and moved in with Mother because they were unable to support themselves financially. They were still living with Mother at the time of trial. Amber was once again attending school as a high school senior and had applied and been accepted to business college. She was not working, and Mother stated that she was providing for all of Amber's living expenses, including her clothes, car insurance, gas money and necessary car repairs.

The trial court determined that Amber became emancipated from her parents on June 1, 2000, and that Father's child support obligation ended on that date. All support that Father paid after June 1, 2000, was credited toward the arrearage he owed Mother. This appeal follows.

In her only point on appeal, Mother argues the trial court's finding that Amber became emancipated on June 1...