Sullins v. Sullins

• Decision Date: 21 January 2014
• Docket Number: No. ED 99569.,ED 99569.
• Parties: Phillip R. SULLINS, Appellant, v. Snow C. SULLINS, Respondent.
• Court: Missouri Court of Appeals

417 S.W.3d 878

Phillip R. SULLINS, Appellant,
v.
Snow C. SULLINS, Respondent.

No. ED 99569.

Missouri Court of Appeals,
Eastern District,
Division One.

Jan. 21, 2014.

[417 S.W.3d 880]

Lee Reneau Elliott, Troy, MO, for appellant.

Marie Amendola Kenyon, St. Louis, MO, for respondent.

ROY L. RICHTER, Presiding Judge.

Phillip R. Sullins (“Husband”) appeals from the trial court's “Judgment/Order and Decree of Dissolution” (“Judgment”) between him and Snow C. Sullins (“Wife”), inter alia, awarding Wife maintenance, child support, and Wife's attorney's fees. We affirm in part and reverse and remand in part.

I. Background

Husband and Wife were married in November 2003. Two children were born of the marriage, both minors at the time of the Judgment. The parties separated in June 2012 and the dissolution of marriage proceeding commenced prior to that time, on August 17, 2011. Wife filed a motion pendente lite and affidavit for support, maintenance, injunction, and suit money. The trial court ruled on the temporary motion on January 27, 2012, determining, inter alia, that Wife should immediately be the payee of the children's Social Security benefits of approximately $1,528 per month, as well as the expenses for which Husband and Wife each would be responsible.

The trial court conducted a trial on the petition for dissolution of marriage throughout four non-consecutive days in the summer of 2012. On September 18, 2012, the trial court entered its Judgment, including findings of fact and conclusions of law, inter alia, dissolving the marriage, determining child custody, classifying and dividing the parties' property, awarding maintenance and child support, and ordering Husband to pay $4,000 in Wife's attorney's fees. Husband filed a motion to set aside, vacate, and correct the Judgment on October 12, 2012, which was not heard and therefore deemed denied. This appeal follows.

[417 S.W.3d 881]

II. Discussion

Husband raises three points on appeal. First, he alleges the trial court erred in failing to make statutorily required findings by incorporating a blank Form 14 child support worksheet into its Judgment, such that the findings of fact underlying the computation were not preserved, and by entering contradictory child support terms in its Judgment, such that the parties are hindered both now and for future modifications in reviewing the basis for the child support award as well as the spousal maintenance award.

Second, Husband alleges the trial court abused its discretion in awarding spousal maintenance of $400 per month to Wife by failing to consider that its award of the Social Security benefits to Wife were financial resources available to her in the amount of $866 more per month than the presumed child support calculation the court awarded her. Therefore, Husband claims the spousal maintenance award exceeded her reasonable needs and Husband's ability to pay.

Third and finally, Husband contends the trial court abused its discretion in awarding permanent spousal maintenance to Wife by failing to find that Husband's income figures from a retirement savings account and other retirement plans included taxable distributions of principal and were declining and limited in duration, such that the court's findings of no evidence of an impending change in the financial condition of the parties was not supported by competent evidence.

A. Standard of Review

We review a non-jury case under Rule 73.01(c). The trial court's judgment will be sustained 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. Murphy v. Carron, 536 S.W.2d 30, 32 (Mo. banc 1976). We review the trial court's grant of maintenance for an abuse of discretion; thus, we will not disturb the trial court's decision unless it has abused that discretion. Schuh v. Schuh, 271 S.W.3d 35, 37 (Mo.App. E.D.2008). We defer to the trial court's determinations of credibility and view the evidence and the inferences that may be drawn therefrom in the light most favorable to the judgment. Vinson v. Adams, 192 S.W.3d 492, 494 (Mo.App. E.D.2006).

B. Point I: The use of Form 14 is mandatory.

In his first point, Husband alleges the trial court erred in failing to make statutorily required findings by incorporating a blank Form 14 child support worksheet into its Judgment.

In determining the proper child support amount, Rule 88.01, together with Section 452.340, directs the trial court to apply a two-step analysis. Garner v. Garner, 973 S.W.2d 513, 515 (Mo.App. E.D.1998); Rule 88.01; Section 452.340. First, the trial court is required to calculate the child support amount pursuant to Civil Procedure Form 14 (“Form 14”), either by accepting one of the parent's Form 14 calculations or by performing its own Form 14 calculation. Thorp v. Thorp, 390 S.W.3d 871, 882 (Mo.App. E.D.2013). The first step is a “mathematical calculation [,] the mandatory use of which insures that the child support guidelines will be considered in every case[.]” Woolridge v. Woolridge, 915 S.W.2d 372, 379 (Mo.App. W.D.1996). Second, the trial court considers whether the presumed Form 14 amount is “unjust or inappropriate” after considering all relevant factors. Garner, 973 S.W.2d at 515. The trial court is afforded broad discretion in the final determination of the child support award.

[417 S.W.3d 882]

Thorp, 390 S.W.3d at 882. An appellate court reviews the trial court's application of the two-step analysis to determine if the child support award is supported by substantial evidence, the award is not against the weight of the evidence, and the award does not erroneously declare or apply the law. Malawey v. Malawey, 137 S.W.3d 518, 527 (Mo.App. E.D.2004). Once it passes our standard of review, we then review for an abuse of discretion with respect to the trial court's rebuttal review of its presumed child support calculation. Id.

Although the presumed child support amount may be rebutted upon a finding that it is unjust or inappropriate after consideration of all relevant factors without a mandatory worksheet or formula, the first step of calculating the presumed amount using Form 14 is mandatory. Woolridge, 915 S.W.2d at 378.

In Crow v. Crow, this Court reviewed a father's allegation that the trial court erred in refusing to modify the amount of his child support obligation. 300 S.W.3d 561, 563–64 (Mo.App. E.D.2009). However, because the record did not disclose that the trial court used or referenced Form 14 in calculating the father's child support obligation, nor did the trial court attach any Form 14 worksheet to the judgment, we found the trial court failed to determine and find for the record the presumed correct child support amount pursuant to Form 14, thus, failing to make the findings required by Rule 88.01. Id. at 564. In accordance with Rule 78.07(c), we further found allegations of error relating to a trial court's failure to make findings required by Rule 88.01 in a court-tried case are not preserved for appeal and are thereby waived unless raised in a post-trial motion to amend the judgment. Id. at 565. This holding was consistent with the purpose and background of the 2004 amendment to the rule, to reduce and discourage appeals and subsequent technical reversals for errors in the form of judgments that could be corrected by bringing them to the attention of the trial judge. See Wilson–Trice v. Trice, 191 S.W.3d 70, 72 (Mo.App. W.D.2006). Accordingly, “[r]equiring parties to file a post-trial motion to amend notifying the trial court of this error is in the interests of judicial economy and is in the interests of minimizing the emotional and financial resources of the parties.” Crow, 300 S.W.3d at 566.

Here, Husband filed a motion to set aside, vacate and correct the judgment on October 12, 2012, thereby preserving his allegations of error relating to the trial court's failure to make findings required by Rule 88.01 and Form 14. Unfortunately, for reasons unknown to this Court and not found on the record, the trial court failed to...