McGinley v. McGinley, KCD
| Decision Date | 05 August 1974 |
| Docket Number | No. KCD,KCD |
| Parties | Patricia McGINLEY, Respondent, v. Frank J. McGINLEY, Appellant. 26448. |
| Court | Missouri Court of Appeals |
Russell S. Jones, Kansas City, for appellant.
James & McCanse by Thad C. McCanse, William J. Lasley, Kansas City, for respondent.
Before PRITCHARD, P.J., and SWOFFORD and SOMERVILLE, JJ.
This is an appeal from an order modifying a divorce decree. The parties were divorced on April 15, 1970. Plaintiff, Patricia McGinley, was awarded custody of the couple's seven minor children, $350.00 per month in alimony, $15.00 a week per child for child support, and attorney's fees. The defendant, Frank J. McGinley, was ordered to deposit $30,000.00 as security for payment of his alimony and child support obligations.
Plaintiff sought modification of the award because of changed circumstances; primarily, the increased needs of hereself and her children, and inflation. The trial court awarded plaintiff an additional $50.00 a month alimony; increased the child support payments by $5.00 per week per child (there were five minor children at home); awarded plaintiff $950.00 attorney's fees and court costs; and ordered defendant to deposit an additional $32,000.00 as security for payment of alimony and child support. Defendant appeals claiming error in the following particulars, first, plaintiff did not sustain the burden of showing changed circumstances, and second, the lower court abused its discretion in awarding attorney's fees and court costs to plaintiff.
This being a court tried case review is upon both the law and evidence as in suits of an equitable nature and the judgment will not be set aside unless clearly erroneous, due regard being given to the opportunity of the trial court to judge the credibility of the witnesses. Rule 73.01(d), V.A.M.R.
A thorough review of the record reveals defendant's points are without merit.
A judgment for alimony and child support can be modified upon proof of a change of conditions subsequent to the entry of judgment. The burden of proof rests with the moving party. Shilkett v. Shilkett, 285 S.W.2d 67, 68 (Mo.App.1955). Here, plaintiff adduced ample evidence of changed conditions. Most important was the fact that her children were growing older and had more needs, which situation was exacerbated by a 9.1% increase in the cost of living in the Kansas City area between the time of the original divorce and the trial on the motion to modify. This was a sufficient...
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