Hall v. Deters

• Decision Date: 27 July 1999
• Citation: Hall v. Deters, 1 S.W.3d 581 (Mo. App. 1999)
• Parties: (Mo.App. E.D. 1999) . Donald Hall, Appellant, v. Dana Deters, Respondent. Case Number: 74259 Missouri Court of Appeals Eastern District Handdown Date: 0
• Court: Missouri Court of Appeals

1 S.W.3d 581 (Mo.App. E.D. 1999)

This slip opinion is subject to revision and may not reflect the final opinion adopted by the Court.

Donald Hall, Appellant, v. Dana Deters, Respondent.

Case Number: 74259

Missouri Court of Appeals Eastern District

Handdown Date: 07/27/99

Appeal From: Circuit Court of St. Louis County, Hon. David Lee Vincent

Counsel for Appellant: David G. Waltrip and Seth A. Albin

Counsel for Respondent: Michael J. McCarthy

Opinion Summary: Donald Hall (Father) appeals from a judgment denying his motion to declare his two daughters, Kerri and Christine, emancipated and to recover child support withheld from his wages and paid to Dana Deters (Mother) after emancipation. Father also requested a refund of sums withheld from his wages and paid to Mother representing one-half of post-secondary college expenses for his daughters.

AFFIRMED IN PART; REVERSED AND REMANDED IN PART.

Division Five holds: The trial court did not err in denying Father's motion to declare Kerri and Christine emancipated. With respect to reimbursement for college expenses for both daughters, the trial court must make findings of fact and conclusions of law as to whether each daughters' enrollment was in accord with the 1995 decree.

Opinion Author: Robert G. Dowd, Jr., Chief Judge

Opinion Vote: AFFIRMED IN PART; REVERSED AND REMANDED IN PART. Karohl, J., and Blackmar, Sr.J., concur.

Opinion:

Donald Hall (Father) appeals from a judgment denying his motion to declare his two daughters emancipated and to recover child support withheld from his wages and paid to Dana Deters (Mother) after emancipation. He also requested a refund of sums withheld from his wages and paid to Mother representing one-half of post-secondary college expenses for his daughters. Kerri was born on March 21, 1977, and is now 22 years of age. Christine was born on June 16, 1978, and is now 20 years of age. The parties agree that Christine was declared emancipated by a subsequent judgment entered on May 31, 1998, during the pendency of this appeal. Father's motions contested his obligation to pay college expenses and child support for Kerri and Christine after they were emancipated in accord with the provisions of Section 452.340, RSMo 1994 (for Kerri) and Section 452.340, RSMo Cum. Supp. 1997 (for Christine). We affirm in part. We reverse in part and remand for further proceedings.

Background

The parties were married on October 4, 1975. The marriage was dissolved on February 3, 1986. The Decree of Dissolution incorporated a separation agreement of the parties. The agreement provided for joint physical and legal custody of three children: Amy, age 10; Kerri, age 8; and Christine, age 7. The separation agreement and decree were silent on education expenses for the children.

The decree was modified on November 17, 1993, pursuant to Mother's motion to modify. Amy and Christine were living with Mother; Kerri was living with Father. The court ordered Father to pay $226.50 per month per child for Amy and Christine as child support. It also ordered that "[e]ach party shall pay 50% of tuition, books, & fees associated with post-secondary education up to the maximum of said fees in effect at UMSL [in no event should either party be obligated to pay for more than eight semesters per child]. Payment is due directly to the school upon 30 days written notice of either party with respect to tuitions, fees, and books." Mother obtained wage-withholding orders for various employers of Father.

On August 31, 1994, Father filed a motion to obtain an order to modify and declare Amy emancipated, to quash an execution, for damages for a wrongful garnishment, and for a determination of amounts due. On November 16, 1994, the court denied the relief requested. Father appealed. On December 3, 1996, we dismissed the appeal for failure to prosecute.

On February 13, 1995, Mother filed a motion to modify in order to obtain support for Kerri who had moved from Father's home to live with her. On November 28, 1995, the court declared Amy emancipated by marriage on April 15, 1995. It ordered Father to pay $301.50 per month child support for Kerri and the same amount for Christine, retroactive to June 1, 1995. It also entered an extended judgment regarding post-secondary education for Kerri and Christine as follows:

Husband shall pay one-half of the cost each year for each child attending a post-secondary college, university, or vocational/technical school, state or private, subject to the following limitations:

A. "Cost" shall include tuition, fees, books, dormitory cost for room and board. It does not include room and board while residing with either parent.

B. The "one-half" husband is to pay shall be the actual cost to the child, i.e. if child receives a scholarship or aid. For this purpose, loans to the student shall not be considered a "scholarship or other aid."

C. The child must carry at least a minimum number of credit hours each semester which, according to the institution the child attends, constitutes a full load.

D. The maximum cost which husband shall be responsible for in any given school year, will be one-half of the then cost for tuition, fees, books, and dormitory costs for room and board at the University of Missouri at Columbia, regardless of what institution the child attends.

E. The husband shall not be responsible for paying for more than eight semesters at a college or university.

On July 11, 1997, Mother filed an application and notice of income withholding with Father's employer, Systems and Electronic, Inc. She obtained a wage assignment in order to facilitate collection of the November 28, 1995, child support judgments. She also claimed that Father's total arrearage for child support was a total of $7236. Our record indicates that this is the most recent wage assignment Mother has filed. We conclude the claimed arrearage consisted primarily of unreimbursed college and medical expenses.

On July 15, 1997, Father filed the motion that is the subject of this appeal. The motion consisted of four separate counts. In Count I, Father sought an order quashing the most recent wage assignment. In Count II, he asked the court to declare Christine, then age 19, emancipated on February 1, 1997, and to enter an order reimbursing him for all child support paid after that date. In Count III, Father asked the court to declare Kerri, then age 21, emancipated on June 1, 1995, and for an order "restoring" to Father all child support paid for Kerri after that date. In Count IV, Father asked the court to order Mother to provide an accounting on the arrearages she claimed, specifically her claims for reimbursement of one-half of post-secondary college expenses. On October 6, 1997, the court granted partial relief on Count I. It granted the motion to quash wage assignment in part, thereby reducing the child support obligation. It reserved the remaining issues for a subsequent hearing. The motion contains no allegations regarding Amy or any allegations regarding medical expenses for any of the children of the parties.¹

On March 23, 1998, the family court judge entered findings of fact, conclusions of law, and a judgment and decree on Counts II, III, and IV of Father's motion. The court denied Father's request to declare Kerri and Christine emancipated. It sustained Father's request for an accounting and ordered Mother to provide Father with an accounting of all expenses claimed for post-secondary education for Kerri and Christine. Father appeals this judgment.

Standard of Review

When reviewing a trial court's ruling on a motion terminating child support, "we are limited to whether the ruling is supported by substantial evidence, is against the weight of the evidence or erroneously declares or applies the law." State ex rel. Div. of Family Services v. Hellems, 948 S.W.2d 178, 179 (Mo. App. E.D. 1997). We will defer to the motion court's determinations of credibility, viewing the evidence and permissible inferences in the light most favorable to the motion court's decision and disregard all contrary evidence and inferences. Marriage of Glueck, In re, 913 S.W.2d 951, 954 (Mo. App. E.D. 1996). We apply the statute in effect at the time of the claimed emancipation of the child. Pasley v. Patton, 855 S.W.2d 385, 387 (Mo. App. W.D. 1993).

Kerri Hall

Father argues he should be absolved of his obligation to pay one-half of the cost of college expenses for Kerri at SLCC under the 1995 modification decree. Following the plain language of the 1995 decree, Father is obligated to pay for one-half of the cost for Kerri at SLCC, subject only to the limitations provided in the decree. Under the decree, Father's support obligation extends...