Scruggs v. Scruggs

• Decision Date: 31 May 2005
• Docket Number: No. WD 62773.,WD 62773.
• Citation: 161 S.W.3d 383
• Parties: Samuel W. SCRUGGS, Respondent, v. Cynthia D. SCRUGGS, Appellant.
• Court: Missouri Supreme Court

161 S.W.3d 383

Samuel W. SCRUGGS, Respondent, v. Cynthia D. SCRUGGS, Appellant.

No. WD 62773.

Missouri Court of Appeals, Western District.

April 19, 2005.

Rehearing Denied May 31, 2005.

COPYRIGHT MATERIAL OMITTED

COPYRIGHT MATERIAL OMITTED

Debra Lynn Moore, Independence, MO, for Appellant.

Regina Keelan Bass, Kansas City, MO, for Respondent.

Before EDWIN H. SMITH, C.J., ELLIS and HOWARD, JJ.

EDWIN H. SMITH, Chief Judge.

Cynthia Scruggs appeals the judgment of the Circuit Court of Jackson County dissolving her marriage to the respondent, Samuel Scruggs, with respect to its orders: (1) emancipating the parties' minor child, Melissa Scruggs; (2) denying the appellant's request for maintenance; and (3) dividing the marital property of the parties.

In Point I, the appellant claims that the trial court erred in declaring that the parties' minor child, Melissa, was emancipated because that issue was not before the court to decide, and even if it had been, the record did not support the court's declaration. In Points II, III, and IV, she claims that the trial court erred in denying her request for maintenance. In Point V, she claims that the trial court erred "in not awarding [her] equity in the [marital] home" because in awarding the home to the respondent, the trial court failed to consider her economic circumstances, as required by § 452.330.1(3).¹

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

Facts

The parties were married on May 1, 1984, in Crestwood, Missouri, and separated on March 14, 2001. Four children were born of the marriage: Melissa Scruggs, born October 20, 1985; Justin Scruggs, born January 20, 1987; Michael Scruggs, born June 19, 1989; and Theresa Scruggs, born February 3, 1992.

On April 3, 2001, the respondent filed a petition for dissolution of marriage in the Circuit Court of Jackson County. The appellant filed her answer and cross-petition on May 17, 2001. Both parties sought joint legal and sole physical custody of the children, and the appellant sought maintenance from the respondent.

On June 26-27, 2002, the respondent's petition and the appellant's cross-petition were taken up and heard. Other than the parties, the only witnesses to testify were Peggy Riggs and Stephanie Fama, former neighbors of the parties, who testified on behalf of the respondent.

On the issue of custody, the appellant's evidence was that three of the parties' four children suffered from physical, emotional, or mental disabilities. Specifically, there was evidence that Justin suffered from Asperger's Syndrome, a behavioral disorder similar to autism. Neither party presented any evidence as to Melissa being emancipated.

On the issue of maintenance, the respondent adduced evidence that the appellant held several college degrees and was fully capable of supporting herself. The appellant's evidence was that, although she had degrees in both Spanish and French, she had not utilized them during the marriage such that she was now only capable of obtaining minimum wage jobs.

At the close of all the evidence, the trial court took the case under advisement. On August 9, 2002, the court entered a temporary custody order. On December 20, 2002, the parties again appeared before the court. As to the purpose of this hearing, the trial court stated:

Okay. The Court has before it Cause No. 01FC203296. This is a review. The Court entered a temporary judgment, took the matter under advisement. We've had the trial on all issues, and essentially the court set the matter over for an update this morning from the Guardian ad Litem on how the children —children are doing since I entered my temporary order on—let me find my signature page—August 9th.

At the hearing, the children's guardian ad litem, David Kimminau, made an oral report as to the progress of the parties' minor children since the temporary order of custody was entered. In giving his report, Kimminau was not sworn as a witness. The parties did not present any evidence at the hearing.

On February 7, 2003, the trial court entered its judgment of dissolution. In its judgment, the court found that the parties' oldest child, Melissa, was emancipated, and awarded the respondent "sole legal" custody of the three remaining children, with "joint physical custody" being awarded to the parties. The appellant was named the primary residential custodian of Justin, with the respondent being named the primary residential custodian of Michael and Theresa. The respondent was ordered to pay the appellant child support of $390 per month. In its Form 14 calculation of child support, the trial court found that the appellant had gross monthly income of $1,650 per month, a portion of which was imputed. The trial court denied the appellant's request for maintenance, set off to the parties their separate property, and divided their marital property. On March 24, 2003, the trial court entered an amended judgment, which divided certain items of marital property left out of the court's initial judgment.

This appeal followed.

I.

In Point I, the appellant claims that the trial court erred in declaring that the parties' minor child, Melissa, was emancipated because that issue was not before the court to decide, and even if it had been, the record did not support the court's declaration. While we disagree that the issue was not before the court, we agree that it was not supported by the evidence.

The trial court's judgment declaring a minor child to be emancipated will be affirmed unless there is no substantial evidence to support it, it is against the weight of the evidence, or the trial court erroneously declares or applies the law. Randolph v. Randolph, 8 S.W.3d 160, 162 (Mo.App.1999). In our review, we are to defer to the trial court's determinations of credibility, viewing the evidence in the light most favorable to the court's judgment and disregarding all contrary evidence and inferences. Id. at 162-63.

A. Was the issue of emancipation properly before the trial court for determination?

The appellant claims that the issue of emancipation was not before the trial court for its determination in that neither party asked the court to determine whether Melissa was emancipated. In support of her claim, the appellant cites In re Marriage of Heddy, 535 S.W.2d 276 (Mo.App.1976). Our reading of Heddy discloses that not only does it not support the appellant's position, but that it implicitly supports the exact opposite.

In Heddy, as in this case, the trial court declared, sua sponte, in its dissolution judgment, that one of the parties' minor children had been emancipated. Id. at 278. The mother appealed, claiming that the court erred in finding that the child in question was emancipated, and the appellate court reversed. Id. at 278-79. Unlike here, however, the mother in Heddy did not challenge whether it was proper for the trial court to rule, sua sponte, on the child's emancipation. Rather, she attacked the court's declaration of emancipation as not being supported by the record. However, in reviewing mother's claim on the merits and determining that the record was insufficient to support the trial court's declaration of emancipation, the appellate court implicitly recognized that the issue was before the court, despite not being expressly raised by the parties. See Brock v. Blackwood, 143 S.W.3d 47, 55 (Mo.App.2004) (explaining that an appellate court has a duty to determine its jurisdiction, sua sponte, and, if the trial court lacked jurisdiction to enter the ruling it did, the appellate court necessarily lacks jurisdiction to review the trial court's ruling on the merits).

We cannot find any cases that directly discuss the issue of whether emancipation is before the trial court in every dissolution proceeding in determining its custody and child support orders, even though not raised by the parties. However, we believe, in reading and interpreting the statutes and cases concerning initial custody and child support determinations in dissolution proceedings, that it is.

Section 452.375 governs initial child custody determinations in dissolution proceedings. It provides, in pertinent part, that the "court shall determine custody in accordance with the best interests of the child." § 452.375.2 (emphasis added). However, neither that section, nor any other section in the "Dissolution of Marriage Act," §§ 452.075-.425, defines "child" for purposes of an initial custody determination, under § 452.375.2. In addition, § 452.445, "Definitions," and § 452.450, "Jurisdiction," of the Uniform Child Custody Jurisdiction Act (UCCJA), §§ 452.440.550, do not define "child." Likewise, § 452.340, dealing with initial child support awards in dissolution proceedings, in authorizing such awards, does not define "child." Section 452.340.3 does, however, provide for when the "obligation of a parent to make child support payments shall terminate." Neither § 452.375, with respect to custody awards, nor § 452.340, with respect to child support awards speaks expressly to the issue of emancipation in a dissolution proceeding.

Section 452.310, governing, inter alia, the contents of a petition for dissolution of marriage, makes numerous references to "children" and a "child" of the parties, without defining the terms. However, § 452.310.7, dealing with parenting plans, does provide, in pertinent part, that: "The proposed parenting plan shall set forth the arrangements that the party believes to be in the best interest of the minor children...." (Emphasis added.) This would indicate, what we reasonably would assume in any event, that the requirement of § 452.375.2, that the trial court is to determine initial custody in a dissolution proceeding, is limited to minor children. And, in fact, in B.W. v. F.E.W., 562 S.W.2d 137, 139 (Mo.App.1978), the court construed that particular provision of § 452.375 as a "direction to make an award of custody of all minor children in dissolution cases." (Emphasis added.)...