State ex rel. Mosier v. Klein, ED 79721.
| Decision Date | 12 March 2002 |
| Docket Number | No. ED 79721.,ED 79721. |
| Citation | 83 S.W.3d 15 |
| Parties | STATE of Missouri ex rel. Denise Faye MOSIER, Respondent, v. John KLEIN, Appellant. |
| Court | Missouri Court of Appeals |
John Klein, Pacific, pro se.
Denise Faye Mosier, c/o Deborah McMillan, Cape Girardeau, pro se.
John Klein, movant, appeals the trial court's grant of his motion to modify the administrative order of the Division of Child Support Enforcement. On appeal, movant contends that the trial court erred by modifying the amount of child support he was to pay in a manner inconsistent with the guidelines set forth by Missouri Civil Procedure Form No. 14 ("Form 14"). We reverse and remand.
On May 17, 2000, movant filed a motion to modify the administrative order of the Missouri Division of Child Support Enforcement, according to which he was to pay $223 per month for the support of his minor child, Denise, born June 6, 1994. Since the order, movant has been convicted of second degree murder and sentenced to 25 years in prison with an anticipated release date of May 30, 2021. Movant earns $10 per month in prison and has no assets from which he can satisfy his child support obligation. Therefore, movant asks that his child support obligation be re-calculated in accordance with the guidelines set forth by Form 14. Without considering any factors external to Form 14, such re-calculation would set movant's child support at $2 per month.
In its judgment of May 9, 2001, the trial court conceded that movant's circumstances had changed substantially enough to justify a reduction in his child support and also that $2 would be the amount dictated by Form 14 under the circumstances. However, the trial court found that child support in the amount of $2 per month would be "unreasonable and inappropriate." Therefore, the court set movant's child support obligation at "$100 per month retroactive to June 2001," to be assessed upon movant's release from prison. Movant appeals.
An award of child support is within the discretion of the trial court. Garner v. Garner, 973 S.W.2d 513, 514 (Mo.App. E.D.1998). Unless there exists a manifest abuse of discretion, we will not substitute our judgment for the trial court's with regard to a modification of child support. Id. Furthermore, the trial court's judgment cannot be against the weight of the evidence, and it cannot erroneously declare or apply the law. Id. at 514.
Rule 88.01(b) establishes a rebuttable presumption that the child support amount calculated according to Form 14 is the amount to be awarded by the trial court. In order to rebut the presumption, it is sufficient that the court enter a specific finding on the record that the amount so calculated, after consideration of all relevant factors, is unjust or inappropriate. Waite v. Waite, 21 S.W.3d 48, 52 (Mo.App. E.D.2000).
A judgment awarding a greater child support amount than suggested by Form 14 is proper so long as the trial court makes a written finding on the record that the presumed child support amount is unjust or inappropriate after considering all of the relevant factors. Brooks v. Brooks, 21 S.W.3d 834, 838 (Mo. App. E.D.1999).
Here, the trial court made such a finding when it stated that, "[the presumed] amount is unreasonable and inappropriate and that Respondent should bear a larger share of the expenses of his child upon his release." In making this finding, the trial court considered the length of incarceration, the earning potential of movant following his release, the amount of the existing child support award, and the total amount of child support that will have accumulated upon movant's discharge.
Although the trial court followed the requirements of Rule 88.01(b), we must review the trial court's judgment to determine whether its decision amounts to a manifest abuse of discretion. In determining whether the trial court abused its discretion, we look at whether the evidence supporting the amount awarded is palpably insufficient to support such an award. McGowan v. McGowan, 43 S.W.3d 857, 862 (Mo.App. E.D.2001). Here, this inquiry requires a determination of whether the trial court's judgment balanced the ability of the non-custodial parent to pay against the needs of the child. Id. at 869. In Denton v. Sims, 884 S.W.2d 86, 90 (Mo. App. E.D.1994), we affirmed the trial court's judgment requiring a father to pay $100 per month in child support, retroactive to June 1992, even though he was incarcerated and, therefore, was making only $7.50 per month. Id. Furthermore, the trial court was to schedule repayment of the accumulated arrearage after the father was released according to his postincarceration income. Id. Similarly, in Oberg v. Oberg, 869 S.W.2d 235, 236 (Mo. App....
To continue reading
Request your trial
-
Thorp v. Thorp
...of the Form 14 guidelines amount as the correct support amount is rebuttable. See Rule 88.01(b); see also State ex rel. Mosier v. Klein, 83 S.W.3d 15, 16 (Mo.App. E.D.2002); Searcy v. Searcy, 85 S.W.3d 95, 99 (Mo.App. W.D.2002) (“While the Form 14 amount carries a presumption of correctness......
-
Barden v. Barden
...is unjust and inappropriate, we look at whether the evidence is palpably insufficient to support the award. State ex rel. Mosier v. Klein , 83 S.W.3d 15, 17 (Mo. App. E.D. 2002) ; McGowan v. McGowan , 43 S.W.3d 857, 861–62 (Mo. App. E.D. 2001). Here, the trial court heard testimony that Hus......
-
Wilson v. Murawski
...Child support awards are within the discretion of the trial court and we review for abuse of discretion. State ex rel. Mosier v. Klein , 83 S.W.3d 15, 16 (Mo. App. E.D. 2002). We will not substitute our judgment for the trial court's absent a manifest abuse of discretion. Id. In determining......
-
Goers v. Goers
...October 11, 2013, and terminated Father's obligation to pay any medical costs for the children.Father cites State ex rel. Mosier v. Klein , 83 S.W.3d 15 (Mo.App.E.D.2002) for support that the court's ruling was a manifest abuse of discretion. In Klein, this Court held $100 per month was unr......