Guignon v. Guignon, 38075
| Decision Date | 14 February 1979 |
| Docket Number | No. 38075,38075 |
| Citation | 579 S.W.2d 664 |
| Parties | Elizabeth S. GUIGNON, Petitioner-Appellant, v. James C. GUIGNON, Respondent. |
| Court | Missouri Court of Appeals |
Kenneth S. Lay, Tremayne, Lay, Carr & Bauer, Clayton, for petitioner-appellant.
Petitioner, former wife of respondent, appeals from an order of the trial court which modified an order for child support. The child support was increased from $37.50 per week per child to $50.00 per week per child for each of the two children.
Parties were divorced in January, 1971. The motion was heard on December 31, 1975. At the time of the divorce petitioner was unemployed. In 1973 she became a real estate agent and testified that her gross 1975 income was approximately $8,200.00. Respondent's 1974 tax return shows a gross income of $34,000.00, which is about three times his income when divorced. Included in that income was a bonus of $10,200.00. In fact respondent had received a bonus every year from 1971 through 1974. In 1975, his base salary was $24,000.00. At the hearing on the motion to modify the child support, the Secretary-Treasurer of respondent's company testified that at that time it had not been determined whether respondent would get a bonus for 1975. The court entered its order on January 2, 1976. Findings of fact and conclusions of law were neither requested nor given. Petitioner filed a motion to amend judgment or for a new trial. This was overruled. Prior to the ruling on the motion to amend petitioner requested that the court reopen the evidence to prove the subsequent payment of a bonus in early 1976.
Petitioner contends that "(t)he trial court erred and abused its discretion in refusing to increase the child support paid to Petitioner above $50.00 per week because that allowance of child support is not commensurate with Respondent's present income and financial condition and is inadequate in the light of the children's needs."
Petitioner's main complaint centers around the fact that respondent's income has increased about 300% Since the divorce but that the child support was increased by only 1/3. Further, petitioner notes that the evidence shows respondent's clear ability to pay a greater amount of child support.
In reference to petitioner's repeated citing of respondent's income as a base for the award, we note that an increase in a father's income is not, in itself, sufficient reason to modify the child support award. In re Marriage of Engelhardt, 552 S.W.2d 356, 358 (Mo.App.1977).
Our review of the conduct of the court is governed by the oft-quoted standards established in Murphy v. Carron, 536 S.W.2d 30 (Mo.banc 1976).
§ 452.340 recites the various factors to be considered in allocating the responsibility for child support. It is significant that under § 452.340 RSMo (Supp.1975), "(t)he financial resources and needs of the noncustodial parent" comprise just one of the relevant factors. Although the father is primarily liable for support, the mother may also be called upon for support. Roberts v. Roberts, 553 S.W.2d 305, 306 (Mo.App.1977). Moreover, the statutory factors to be considered in awarding child support are non-exclusive. In re Marriage of Dodd, 532 S.W.2d 885, 888 (Mo.App.1976).
Here the children, ages 7 and 10, live with their mother in a home owned by her. Her present husband also lives there. Petitioner is now employed and earning income. She also has income from a trust and has a greater "net worth" than the respondent. The Court increased the respondent's share of child support to $50.00 per week per child ($433.00 per month). The petitioner admits that in addition to these sums, the respondent is providing for the educational and medical expenses of the children.
Petitioner claims needs for the children in the amount of $1,078.00 per month. Of this amount approximately $350 is for food, clothing, laundry and cleaning, "child care," haircuts, gifts, pet expenses, and allowance. She further claims approximately $103.00 to cover recreational expenses. The balance of approximately $600.00 is for rent and mortgage (including monthly pro-rata of property taxes, insurance, etc.), utilities, car operation, insurance installment contracts, household items, personal loans, appliance repairs, exterminator, firewood, payments...
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