Ruhl v. Ruhl

• Decision Date: 18 June 2013
• Docket Number: No. WD 75358.,WD 75358.
• Citation: 401 S.W.3d 553
• Parties: Jack RUHL, by his next Friend and Natural Mother Stephanie AXE and Stephanie Axe, individually, Respondents, v. Peter RUHL, Appellant.
• Court: Missouri Court of Appeals

401 S.W.3d 553

Jack RUHL, by his next Friend and Natural Mother Stephanie AXE and Stephanie Axe, individually, Respondents,
v.
Peter RUHL, Appellant.

No. WD 75358.

Missouri Court of Appeals,
Western District.

June 18, 2013.

[401 S.W.3d 555]

Kay Madden, Kansas City, MO, for respondents.

Stephen C. Mayer, Kansas City, MO, for appellant.

Before Division One: GARY D. WITT, Presiding Judge, THOMAS H. NEWTON, Judge and MARK D. PFEIFFER, Judge.

GARY D. WITT, Judge.

This appeal arises from a petition for determination of paternity, child custody, and child support filed on behalf of J.R. by next friend Stephanie Axe (Mother) against Peter Ruhl (Father). Paternity, visitation, and child custody are not issues on appeal. Father argues that the trial court erred in: (1) awarding Mother $22,320 for J.R.'s necessary expenses, accrued since the date Mother and Father stopped living together after J.R.'s birth, and (2) in entering a judgment for monthly child support of $372. The judgment of the trial court is affirmed.

Factual and Procedural History ¹

J.R. was born March 27, 1998. Although never married, Mother and Father lived together at the time of J.R.'s birth and shared expenses until June 2007. At that point—60 months before judgment was entered in this case—they separated, and Father ceased contributing toward the expenses of their child. J.R. resided with Mother. Mother filed this action on January 11, 2012, pursuant to sections 210.817 to 210.852 of the Uniform Parentage Act.

[401 S.W.3d 556]

The judgment from which this appeal is taken was executed on June 5, 2012.

The court heard evidence regarding both parties' incomes. Mother's actual income over the three years prior to the judgment averaged $9,943 per month. Father, throughout the relationship and up to the time of judgment, worked as an artist and a handyman. His income was lower and less regular. His tax returns were not entered into evidence, but both parties testified regarding his income. For example, Father once completed a two-week restoration job for the Plaza Library that resulted in a net income of about $10,000. Father also removed two murals from the downtown library resulting in income of about $20,000. Father worked to prepare a home for sale and netted $14,000 over a period of three to four months. He also performs tree-removal services that yield $100–$200 for four to six hours of work for each job. Father also periodically works as a handyman, painter, etc., at the rate of $25 an hour. He also periodically performs handyman work for his attorney and regularly performs odd jobs (everything from cutting hair to raking leaves to building decks) for a couple in the neighborhood, who recently gave him a 1997 Mazda. Father also has contracted with Mother's business for painting and renovations for an average of $25 an hour and has worked for Mother personally on her house providing handyman services. Mother also has helped Father secure jobs. Mother testified that on average Father works 30 hours a week at $20 per hour. The trial court adopted Mother's Form 14 and found Father's monthly income to be $2,600 per month, which was equal to the amount Mother testified as to his income.

The court also heard evidence about whether Father contributed to J.R.'s support after the parties separated. Father testified that he contributed to J.R.'s support, while Mother testified that any money Father gave her was for purposes other than J.R.'s support (e.g., money toward a mortgage on a house in which Father alone lived and which was titled in Mother's and Father's names).

J.R. attends a private grade school and was just about to enter a private high school at the time of the hearing. The expenses of the private education were figured into the Form 14.

Neither party requested findings of fact or conclusions of law. In its judgment, the trial court, inter alia, found that Father was the natural and biological father of J.R., awarded Mother sole legal custody, and awarded Father and Mother joint physical custody. Relevant to this appeal, the court determined that Father shall pay mother $372 per month in child support from April 1, 2012 to July 31, 2012, while J.R. attends a private grade school, and that Father shall pay Mother $481 per month starting August 1, 2012, when J.R. enters the more expensive private high school, and continuing at that rate thereafter. Because the award was from April 1, 2012 and the judgment was dated June 5, 2012, there was a minimal retroactive child support award for that period.

Mother had also calculated J.R.'s necessary expenses, from the time the parties ceased living together in 2007 until 2011, at $165,509.40, and asserted that Father should pay half of this amount or $82,754.70. Without any findings of fact, the trial court determined instead that Father owed $22,320 for past reasonable and necessary expenses for the minor child for the period of time from June 2007 to March 31, 2012. Father appeals.

Further facts are set forth below as necessary.

[401 S.W.3d 557]

Standard of Review

“Our standard of review in a paternity action is governed, as in any court-tried case, by Murphy v. Carron, 536 S.W.2d 30 (Mo. banc 1976).” Clark v. Ingram, 380 S.W.3d 607, 608 (Mo.App. W.D.2012). “Accordingly, we will affirm the trial court's judgment unless it is unsupported by substantial evidence, is against the weight of the evidence, or erroneously declares or applies the law.” Id.

Analysis I.

In his first point, Father argues that the trial court erred in awarding $22,320 for reasonable and necessary expenses on top of an award of two months of retroactive child support because section 452.340.8 and Rule 88.01 allow for an award of necessary...