Schriner v. Edwards

• Citation: 69 S.W.3d 89
• Decision Date: 13 February 2002
• Docket Number: No. WD 59427.,WD 59427.
• Parties: James A. SCHRINER, Appellant, v. Barbara J. EDWARDS, Respondent.
• Court: Court of Appeal of Missouri (US)

69 S.W.3d 89

James A. SCHRINER, Appellant, v. Barbara J. EDWARDS, Respondent.

No. WD 59427.

Missouri Court of Appeals, Western District.

Submitted December 5, 2001.

Decided February 13, 2002.

Katharine Susanne Shepherd-Porter, Liberty, for appellant.

Barbara J. Edwards, St. Joseph, for respondent.

Before JAMES M. SMART, JR., P.J.; HAROLD L. LOWENSTEIN, and JOSEPH M. ELLIS, JJ.

JAMES M. SMART, JR., Presiding Judge.

James A. Schriner appeals the judgment on a motion to modify child support. Schriner (Father) contends on appeal that the trial court erred in its rulings as to child support and as to extraordinary medical expenses. We affirm in part and reverse in part.

Barbara Edwards (Mother) and Father were divorced in April of 1987 in Illinois. Mother was awarded custody of the minor children, Alexander J. Schriner (Alex), born June 30, 1982, and Katherine C. Schriner (Kate), born June 25, 1985, subject to Father's visitation rights. Father was ordered to pay child support in the amount of $750.00 per month; maintain medical insurance on the children; pay college expenses for the children; and pay for all ordinary and all extraordinary medical and dental expenses not covered by insurance.

After the initial decree, Mother moved to St. Joseph, Missouri, while Father relocated to New Jersey. Mother filed a motion to modify in March of 1999. Mother then filed an amended motion to modify on June 12, 2000, adding allegations regarding a motor vehicle accident in which Alex was involved, causing him to suffer paraplegia. In response, Father filed a motion on October 18, 2000, requesting child support be paid directly to the minor child and a motion requesting a summary of expenses paid on behalf of the children, which was denied by the court.

Mother is currently employed by the St. Joseph School District as an elementary art teacher. Father is an equity owner in the business consulting side of Deloitte & Touche. Father's income is approximately $250,000 per year.

At the time of trial, Alex was 18, Kate was 15. Alex resided with his Mother until he began college in August 2000 at the University of Nebraska at Lincoln. Kate was a sophomore in high school. The automobile accident, which paralyzed Alex from the chest down, occurred in September of 1999. Most of Alex's recurring expenses are paid by insurance. Father pays approximately $14,000.00 per year for Alex to attend college.

At trial, Father's Form 14 showed a presumed child support amount of $1,657.00 per month, while Mother's Form 14 reflected a child support amount of $1,666.00. The judgment entered by the trial court ordered child support increased to $1,850.00 per month, added an additional sum of $400.00 per month to be paid directly to each child, and included a judgment against Father for $20,675.00 as reimbursement for Alex's extraordinary medical expenses and for court cost. The remaining provisions of the prior order remained in effect. Neither party requested findings of fact or conclusions of law. Father appeals from the judgment.

An appellate court will not disturb an order modifying a child support obligation unless there is no substantial evidence to support it, it is against the weight of the evidence, or it erroneously declares or applies the law. Haden v. Riou, 37 S.W.3d 854, 860 (Mo.App.2001). A judgment will be set aside on the basis that it is against the weight of the evidence only with caution and when there is a firm belief that the trial court's judgment is wrong. Id. (citing Morton v. Myers, 21 S.W.3d 99, 104 (Mo.App.2000)). "An award of child support is within the sound discretion of the trial court." Thill v. Thill, 26 S.W.3d 199, 207 (Mo.App.2000). "We afford the trial court deference with regard to its determinations of credibility and view the evidence in the light most favorable to its decision." Morton, 21 S.W.3d at 104. Thus, "`[w]e will not substitute our judgment for that of the trial court absent a manifest abuse of discretion and will not disturb an award of child support unless the evidence is "palpably insufficient" to support it.'" Haden, 37 S.W.3d at 860 (quoting Thill, 26 S.W.3d at 207).

Father alleges, first, that the trial court erred because it failed to accept either party's Form 14 or calculate the correct presumed child support amount utilizing Form 14. Father argues that Rule 88.01 requires the trial court to (1) calculate and find for the record the presumed child support amount utilizing Form 14; and (2) make a proper record why the presumed child support amount should be rebutted. Father argues that, here, the trial court did not accept either party's Form 14 and did not find for the record what the correct amount was by using a Form 14, but rather made an "equitable" allocation. Mother argues that court accepted both parties' Form 14s finding her figure of $1,657.00 and Father's figure of $1,616.00 to be practically identical. The court then, Mother argues, rebutted the presumed amount and determined the appropriate amount of child support.

In Woolridge v. Woolridge, 915 S.W.2d 372, 379 (Mo.App.1996), this court determined that the intent of the Missouri Supreme Court in establishing Rule 88.01 was to establish a two-step process to determine child support. This court stated:

[W]e find the intent of the Supreme Court in establishing Rule 88.01 was to provide a two-step procedure to determine child support. In step one, the trial court is required to determine and find for the record the presumed correct child support amount pursuant to a correct Form 14 calculation. Step one is a mathematical calculation the mandatory use of which insures that the child support guidelines will be considered in every case as mandated in § 452.340.7 and Rule 88.01. In step two, the trial court is required to consider whether to rebut the presumed correct child support amount, as found by the court, as being unjust or inappropriate after consideration of all relevant factors. § 452.340.8; Rule 88.01. Step two permits the trial court to exercise its broad and sound discretion in the final determination of child support awards.

Id. at 379. Here, the trial court in its finding of fact noted that "[t]he parties calculated presumed child support at $1,666 (Resp.)[Mother] and $1,657 (Pet.)[Father]." The court then stated, "The PSC (sic) amount is governed by the maximum amount on the Chart in Rule 88." In other words, by using the rule, the trial court found the presumed amount of child support would be the maximum amount allowed under the chart in Rule 88. However, "Rule 88.01 creates a rebuttable presumption that the amount of child support calculated pursuant to Form 14 is the proper amount to be awarded, but provides that the presumption may be rebutted if the court enters a finding that the amount calculated is `unjust or inappropriate.' " Brooks v. Brooks, 21 S.W.3d 834, 837 (Mo.App.1999). "A written finding that the Form 14 amount, after considering all relevant factors, is `unjust or inappropriate' will overcome this presumption." Waite v. Waite, 21 S.W.3d 48, 52 (Mo.App.2000). "The trial court has broad and sound discretion in considering whether to rebut the presumed correct child support amount." Id. (citing Woolridge, 915 S.W.2d at 379). "The trial court is not required to enter written findings which include the numbers used to calculate the child support as well as the factors which make the Form 14 amount inappropriate." Id. (citing In re Marriage of Cohen, 884 S.W.2d 35, 39 (Mo.App. 1994)).¹ "In the absence of a request for findings, Rule 88.01 requires only a written finding or a specific finding on the record that the amount calculated pursuant to the guidelines would be unjust or inappropriate in a specific case." Cohen, 884 S.W.2d at 39. Here, the trial court indicated that the child support under Form 14 would be the maximum allowed by the chart. The court then determined that amount would be "unjust and inequitable."

Failure to Make Finding of "Unjust or Inappropriate"

Father argues that when the court stated the presumed child support amount was "unjust and inequitable," the trial court created its own standard. Father further argues that this was a misapplication of the law in that Rule 88.01 and § 452.340.9 RSMo require a finding of "unjust or inappropriate." Father does not cite a case where the use of "unjust and inequitable" is found to be a misapplication of law, or otherwise reversed. Mother does not appear to respond to this sub-point.

In Al-Yusuf v. Al-Yusuf, 969 S.W.2d 778, 787 (Mo.App.1998), the trial court entered an order which deviated from the Form 14 amount, while making a finding only that the chart amount was unjust. Apparently, the appellant argued that it was reversible error to use only the word "unjust" without a reference to "inappropriate." In a footnote, this court responded to the argument, stating:

.... Appellant cites no authority for this argument, and we find none. The requirement is that the court must find that the Form 14 amount is unjust or inappropriate, not unjust and inappropriate. In any event, the Form 14 amount could hardly be appropriate if it were unjust, and could hardly be just if it were inappropriate. Thus, use of one word necessarily implies and encompasses the other in this context.

Id. at 787 n. 4. Here, the trial court found that the Form 14 chart amount was unjust, even if did add the additional verbiage "and inequitable." Because "unjust" also encompasses the term "inappropriate," the trial court met the obligations of Rule 88.01 and § 452.340.9 RSMo. The additional language was merely commentary by the trial court.

Failure to Delineate Grounds

Father also alleges that the trial court erred by failing to indicate that it had considered all relevant factors and did not state the basis for its finding that the presumed child support amount was unjust or inappropriate. Citing Summerville v. Summerville, 869 S.W.2d 79, 83 (Mo.App. 1993), ...