Patz v. Patz, ED 99283.

• Citation: 412 S.W.3d 352
• Decision Date: 26 November 2013
• Docket Number: No. ED 99283.,ED 99283.
• Parties: Cynthia PATZ, Petitioner/Respondent, v. Conrad PATZ, Respondent/Appellant.
• Court: Court of Appeal of Missouri (US)

412 S.W.3d 352

Cynthia PATZ, Petitioner/Respondent,
v.
Conrad PATZ, Respondent/Appellant.

No. ED 99283.

Missouri Court of Appeals,
Eastern District,
Division One.

Aug. 20, 2013.
Motion for Rehearing and/or Transfer to Supreme Court Denied Oct. 8, 2013.
Application for Transfer Denied Nov. 26, 2013.

[412 S.W.3d 354]

Jonathan D. Marks, Creve Coeur, MO, for appellant.

Mary Ann Weems, Clayton, MO, for respondent.

CLIFFORD H. AHRENS, Judge.

Conrad Patz (Husband) appeals from the trial court's judgment in favor of his former spouse, Cynthia Patz (Wife), on their respective motions to modify child support and maintenance. We affirm.

Background

The parties married in 1980 and had three daughters, born in 1987, 1989, and 1996, respectively. Wife was a massage therapist but stopped working when the first child was born. She was a homemaker and home-schooled the children for the remainder of the marriage. The parties divorced in 2003. At the time, Husband earned $5,893 per month as a contractor. The trial court imputed Wife's monthly income at $1,100. The court awarded joint legal custody; Wife received primary physical custody, and Husband was ordered to pay $1,200 per month in child support and $600 in spousal maintenance.

In 2010, Husband filed a motion to modify child support and spousal maintenance alleging changed circumstances, specifically the emancipation of the eldest daughter, Husband's sporadic employment, and Wife's receipt of Husband's social security benefits for the children. Husband also sought reimbursement from Wife for half of the children's medical expenses. Wife filed a cross-motion to modify agreeing to an adjustment in child support, opposing any change in maintenance, and seeking attorney fees. In 2011, the parties' middle child also became emancipated, and the youngest moved to reside with Husband.

The trial court heard the parties' motions in 2012. Wife testified that she was residing with her middle daughter and working full time as an in-home care-giver earning $10 per hour without benefits. Her net monthly income, including maintenance, was $2,326, and her living expenses were $2,895 per month. Husband testified that his monthly income was $5,123 (of which $1,461 was social security) and his monthly expenses, including maintenance to Wife, were $3,910. Husband also adduced a spreadsheet recording, from January 2009 to June 2012, his income from various sources (i.e., earnings, unemployment, social security), amounts received by Wife from Husband's social security benefits for the children, and amounts paid

[412 S.W.3d 355]

from Husband to Wife for support and maintenance. Husband acknowledged arrears of $6,986 as of December 2010.

The trial court recognized the emancipation of the two older daughters and calculated support for the youngest daughter pursuant to Form 14 in the amount of $398 payable from Wife to Husband, as custodial parent. However, the court deemed that amount unjust and inappropriate in that Husband already received social security benefits for the child, so the court awarded no child support. The court also preserved maintenance for Wife at $600 per month, ordered Husband to pay $9,297 in arrears and $3000 in attorney fees, and ordered Wife to reimburse Husband $556 for her half of medical expenses for the children.

Husband appeals, asserting the following points of error: (1) Missouri law does not allow courts to credit one parent for the other's social security benefits for a child; (2) Wife's increased income and self-sufficiency constitute changed circumstances warranting a reduction in maintenance; (3) the issue of arrears was beyond the pleadings; and (4) the amount of arrears fails to account for periods of unemployment.

Standard of Review

Appellate review of a trial court's judgment modifying a dissolution decree is guided by Murphy v. Carron, 536 S.W.2d 30, 32 (Mo. banc 1976), and thus limited to determining whether the judgment is supported by substantial evidence, is against the weight of the evidence, or erroneously declares or applies the law. In re Marriage of Lindhorst, 347 S.W.3d 474, 476 (Mo. banc 2011) (examining a motion to modify child support and maintenance). As the parties did not request specific findings, all facts are considered as having been found in accordance with the result reached. Rule 73.01(c).

Discussion Child Support

For his first point, Husband contends that the trial court erred as a matter of law by relieving Wife of her child support obligation based on Husband's receipt of benefits from his social security account for the child in his custody. Missouri precedent supports Husband's position.

In Weaks v. Weaks, 821 S.W.2d 503 (Mo. banc 1991), the Missouri Supreme Court held that a father receiving benefits was entitled to a credit for benefits paid to the mother for the children from his social security account. The “key fact is that the benefits paid to the children are derived from funds ‘earned’ by the contributor. The person seeking the credit has contributed to the fund through deductions from wages.” Id. at 506. This court examined the converse situation in Holtgrewe v. Holtgrewe, 155 S.W.3d 784 (Mo.App.2005). There, as here, the trial court credited the mother for benefits derived from the father's social security account. This court reversed. “Given that the social security payments are intended to replace income from Husband, the trial court erred in giving a credit to Wife for the amount of benefits the child receives due to Husband's disability.” Id. at 787. This result is consistent with Adams v. Adams, 108 S.W.3d 821 (Mo.App.2003). There, the father sought a credit for the mother's benefits for the children. The trial court refused and the Western District affirmed, reasoning, “for the court to have included [the child's] social security benefits in Husband's child support calculation would have had the effect of reducing the amount of child support being paid by Husband.” Id. at 830. The foregoing cases clearly instruct that a trial court may not relieve a

[412 S.W.3d 356]

parent of her child support obligation by virtue of the other parent's social security benefits for the child. Thus, we must conclude that the trial court erred by doing so here.

However, our concern is whether the trial court reached the correct result. If it did, we affirm, even if the judgment rests on erroneous reasoning. In re Marriage of Boulch, 645 S.W.2d 374 (Mo.App.1983). Such is the case here. Husband conceded in his testimony that he was not seeking child support from Wife but intended to assume full financial responsibility for their youngest child. Although a parent cannot waive...