Ricklefs v. Ricklefs

• Decision Date: 20 March 2001
• Docket Number: WD 58109
• Citation: 39 S.W.3d 865
• Parties: ROBERT L. RICKLEFS, Appellant v. MARY J. RICKLEFS, Respondent.
• Court: Missouri Court of Appeals

39 S.W.3d 865

ROBERT L. RICKLEFS, Appellant

v.MARY J. RICKLEFS, Respondent.

WD 58109

COURT OF APPEALS OF MISSOURI

WESTERN DISTRICT

Opinion Filed: March 20, 2001

Robert L. Ricklefs Independence, MO Appellant pro se.

Anita I. Rodarte Kansas City, MO Attorney for Respondent.

Before: Spinden, C.J., and Smith and Newton, JJ. Spinden, C.J., and Newton, J concur.

Robert L. Ricklefs appeals the judgment of the Circuit Court of Jackson County dissolving his marriage to the respondent, Mary J. Ricklefs awarding prospectiveand retroactive child support; awarding support for post-secondary educational expenses; and dividing the parties' marital and non-marital property.

The appellant raises six points on appeal. In Points I-III, he claims that the trial court erred in awarding prospective child support for three children of $977 per month, ¹ beginning in January 2000, because in making its award it incorrectly calculated the requisite presumed child support amount (PCSA) pursuant to Missouri Civil Procedure Form No. 14 (Form 14). ² In Point IV, he claims that the trial court erred in awarding $7,190 in retroactive child support because the award was not supported by substantial evidence and the required record was not made by the court as to its calculation of the arrearage. In Point V, he claims that the trial court erred in ordering him to pay 60% of each child's post-secondary educational expenses because in doing so, the court failed to consider, as required, his ability to pay such an award and the actual educational expenses of the children. In Point VI, he claims that the trial court erred in entering its judgment because, pursuant to § 452.330.6, ³ a full legal description of any real property awarded in a dissolution proceeding must be included in the judgment in that the court awarded the appellant the real property located at 6008 Laurel, Raytown, Missouri, but did not include in its judgment entry the legal description thereof.

We affirm in part, and reverse and remand in part.

Facts

On February 14, 1976, the parties were married in St. Joseph, Buchanan County Missouri. There were four children born of the marriage: Joseph R. Ricklefs born June 1, 1979, who was emancipated at the time of trial; Justin S Ricklefs, born April 23, 1983; John V. Ricklefs, born July 13, 1987; and Jenessa M. Ricklefs, born June 20, 1989.

During the course of the marriage, except for a brief six-month period of time, the respondent worked full time in health care. She provided the primary financial support for the family from 1978 through 1990. The appellant was employed at the time of marriage at a chemical company, but quit sometime in 1978 or 1979 to pursue a career as a professional musician. He subsequently attended college and received a bachelor's degree. He then attended law school, received his degree, was licensed, and began practicing in 1987. At the time of trial, the appellant worked as a sole practitioner, sharing office space with several other lawyers. His practice consisted of mainly personal injury, workers' compensation, and bankruptcy cases.

In June of 1997, the parties separated. On July 7, 1997, the appellant filed a petition for dissolution of marriage in the Circuit Court of Jackson County, Missouri. The respondent filed her answer and counter-petition on July 24, 1997. Both parties requested, inter alia, that the court dissolve the marriage, award custody of the children, and divide the parties' property and debts. The respondent waived any claim to maintenance.

After the separation, the children remained in the custody of the respondent. The appellant exercised some visitation with them during the pendency of the dissolution. From July of 1997 through October of 1998, the appellant paid child support to the respondent in the amount of $840 per month. Thereafter, he reduced it to $620 a month from November of 1998 through the time of trial, April of 1999. It is unclear from the record whether he continued these payments for the period after trial until the judgment of dissolution was entered.

The case was heard on March 2, 1999, and April 22, 1999, after which the trial court took it under advisement. On December 29, 1999, the court entered its judgment dissolving the marriage. In its judgment, the court also awarded the parties joint physical and legal custody of the minor children, with child support to the respondent of $977 per month, commencing January 1, 2000. The trial court also ordered the appellant to pay retroactive child support in the amount of $7,190, after giving credit for the child support paid by the appellant during the pendency of the dissolution. The trial court further ordered the appellant to pay 60% of the minor children's post-secondary educational expenses and divided the parties' property and debts.

The respondent filed a motion to amend judgment or, in the alternative, for a new trial. On February 2, 2000, the court entered its amended judgment. The amendment concerned a clarification of the trial court's order with respect to payment by the appellant of child support for post-secondary educational expenses.

This appeal follows.

I.

In Point I, the appellant claims that the trial court erred in awarding child support for three children of $977 per month, beginning January 1 2000, because in making its award it incorrectly calculated the required PCSA pursuant to Form 14. Specifically, the appellant claims that, although the court indicated on its Form 14 Worksheet that the Line 11 Overnight Visitation Adjustment (OVA) multiplier was 10%, the court's PCSA calculation reflects that it actually applied a multiplier of 6%. It appears that what the appellant is arguing is that, because the trial court indicated on its Form 14 that the OVA multiplier was 10%, it intended and was required to apply that multiplier in determining its Form 14 PCSA, and its failure to do so was error. For her part, the respondent contends that, from the record, it is clear that the trial court actually found the OVA multiplier to be 6% and used that figure in its Form 14 PCSA calculation, and that the entry of the 10% multiplier on the court's Form 14 was simply a "clerical error" which we can and should ignore. The issue then that is raised in this point is which OVA multiplier the trial court intended to use in its Form 14 calculation of the PCSA on which it ultimately based its award of child support.

We will affirm the trial court's award of child support unless no substantial evidence exists to support it, it is against the weight of the evidence, or it erroneously declares or applies the law. Nelson v. Nelson, 25 S.W.3d 511, 520 (Mo. App. 2000) (citation omitted). "The trial court's award of child support will not be disturbed on appeal 'unless the evidence is "palpably insufficient" to support it.'" Id. (citations omitted). Assuming an award of child support is found to be supported by the evidence, "an appellate court will interfere with the trial court's award [only] if the trial court abused its discretion by ordering an amount that is 'against the logic of the circumstances' or 'arbitrary or unreasonable.'" Id. (quoting Gerhard v. Gerhard, 985 S.W.2d 927, 930 (Mo. App. 1999)).

In determining an award of child support in any proceeding, the trial court is required by § 452.340.8 ⁴and Rule 88.01 ⁵ to follow the two-step procedure set forth in Woolridge v. Woolridge, 915 S.W.2d 372, 379 (Mo. App. 1996), which was approved by the Missouri Supreme Court in Neal v. Neal, 941 S.W.2d 501, 504 (Mo. banc 1997). Nelson, 25 S.W.3d at 520. First, the court must determine and find for the record the PCSA, in accordance with Form 14. Woolridge, 915 S.W.2d at 379. Second, the court, after considering all relevant factors, must determine whether to rebut the PCSA as being unjust or inappropriate. Id. Here, despite the rebuttal terminology used by the trial court in the record and the appellant in asserting his claim, the claim raised in this point actually involves the issue of whether the trial court properly calculated the Form 14 PCSA, which is aWoolridge step one issue, not a rebuttal issue.

In calculating the PCSA, as required in the first step of the Woolridge procedure the trial court can either accept one of the Form 14 calculations of the parties or reject both calculations and do its own Form 14 Worksheet.Nelson, 25 S.W.3d at 521 (citations omitted). The record before us reveals that the trial court in determining the PCSA, rejected the parties' Form 14's and did its own, finding that the PCSA for three children was $977 per month, which amount it did not rebut and awarded child support accordingly. This was in keeping with the mandate that the court "must reject any Form 14 if any item is incorrectly included in the calculation, an amount of an item included in the calculation is incorrect, or the mathematical calculation is incorrect." Samples v. Kouts, 954 S.W.2d 593, 597 (Mo. App. 1997) (citing Woolridge, 915 S.W.2d at 378). In completing its own Form 14 calculation, "the trial court only considers Form 14 Worksheet factors, the items which are properly included in the calculation and the correct amount of each, and does not take into consideration non-Form 14 factors."Woolridge, 915 S.W.2d at 379 (citations omitted). "In doing so, the court is to be guided by the worksheet's directions for completion and comments for use, and the evidence in the case." Id. "In determining whether the trial court correctly calculated the [PCSA], we review the calculation to ensure that not only [is it] done accurately from a mathematical standpoint, but that the various items and their amounts were properly included in the calculation and supported by substantial evidence." Nelson, 25 S.W.3d at 521 (citations omitted). Here, the appellant is claiming that the trial court's calculation of the PCSA was incorrectly computed from a mathematical standpoint in that it applied an OVA multiplier of 6% when, in fact,...