Tuning v. Tuning, 17962
| Decision Date | 14 October 1992 |
| Docket Number | No. 17962,17962 |
| Citation | 841 S.W.2d 264 |
| Parties | Kristie TUNING (now Hall), Petitioner-Appellant, v. David TUNING, Respondent-Respondent. |
| Court | Missouri Court of Appeals |
Verna Lee Haun, Douglas, Lynch, Munton & Haun, P.C., Bolivar, for petitioner-appellant.
Mel L. Gilbert, Buffalo, for respondent-respondent.
Kristie Tuning (now Hall) (Petitioner), as custodial parent of her 18 year-old son, Kevin Tuning, filed a motion to modify child support awarded to her by the decree dissolving her marriage to David Tuning (Respondent). She seeks increased child support and contribution toward college expenses. Petitioner filed Form 14 showing presumed child support to be $434.56 per month. Respondent did not file Form 14. There were conflicting contentions concerning the proper amounts to be used in completing Form 14. The trial court made no determination of the proper amounts. It made no finding "that the application of the guidelines would be unjust or inappropriate." Section 452.340.8. 1 Nonetheless, the trial court increased child support from $75.00 to $200.00 per month. Petitioner appeals.
The evidence established the parties' marriage was dissolved on October 6, 1975. Petitioner was awarded custody of the only child of the marriage, Kevin Tuning, born October 13, 1973. She was awarded child support of $75.00 per month.
Since that dissolution, each party has remarried. Petitioner, Kevin, Petitioner's child from another marriage, and her present husband, Donald Hall, constitute one household. Petitioner receives child support for both Kevin and the other child. Donald Hall pays child support for a child of his previous marriage.
Respondent, his present wife, Donna Tuning, and her child from a previous marriage, constitute the second household. Respondent has two children, including Kevin, for whom he pays child support.
At the time of trial, Kevin Tuning was 18 years of age. He was a senior at Buffalo High School. He planned to go to the University of Missouri at Columbia. He wanted to go there because he intends to be a pediatrician and he and Petitioner were told that 95% of those who graduate as underclassmen from that University, are admitted to medical school there. Petitioner testified that the cost of tuition and room and board would be $5,800.00 per year.
Each party filed an Income and Expense Statement. Only Petitioner filed a completed Form 14. That form showed presumed child support to be $434.56. Respondent contends the amounts used to calculate presumed child support by Petitioner's completed Form 14 are not factually or legally correct.
After both parties had rested, the trial court said:
"I wonder if you worked up these presumed child support guideline amounts and used the total monthly gross of the Hall family and Tuning family and factored in three children what you'd come up with."
A recess was taken and, using Petitioner's Form 14 as a starting place, and considering that each family supported three children, presumed child support was determined to be $167.70 per month, per child. It was understood neither party agreed that this experimental calculation was correct. Petitioner expressly stated, "[w]e do not agree with how it was calculated".
The trial court announced for the record that it found a change of circumstances. It also found, The trial court modified the award of child support to $200.00 per month. There is no finding on the record that the trial court determined the presumed child support to be unjust or inappropriate. The formal decree does not include such a finding. Nor was there a finding on the record or in the decree concerning the amounts factually and legally proper to be used in completing Form 14.
The experimental calculation of presumed child support on the basis of combined income of the parents of each of the two families with three children each, presents many legal as well as factual issues. For example, are the combined incomes of the parent and stepparent properly used; is the obligation of support of step-children properly considered; and how should funds received as child support be considered? As stated, there were no findings of the proper amounts to be used in calculation of presumed child support by the use of Form 14.
Section 452.340.7 directed that by October 13, 1989, the Supreme Court have in effect a rule establishing guidelines for determining any award of child support. Section 452.340.8 established a rebuttable presumption that the amount of child support calculated by use of the guidelines to be promulgated is the correct amount of child support to be awarded. "A written finding or specific finding on the record that the application of the guidelines would be unjust or inappropriate" is sufficient to rebut the presumption. Section 452.340.8. In response to § 452.340.7, the Supreme Court adopted Rule 88.01 which incorporates Form 14.
Section 452.370 gives additional directions concerning the use of the guidelines in modification proceedings. Those directions include the following:
From these directions, it would seem clear how Form 14 is to be used in calculating child support. Nonetheless, all too often those directions are not...
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Kovacs v. Kovacs, s. WD
...14 or make a finding that considering all relevant factors, the presumed amount was either unjust or inappropriate. Tuning v. Tuning, 841 S.W.2d 264, 267 (Mo.App.1992); K.R.W. by A.C.S. v. D.B.W., 830 S.W.2d 38, 41 (Mo.App.1992); Beeman v. Beeman, 816 S.W.2d 15, 17 (Mo.App.1991); and Campbe......
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Marriage of Chorum, In re, 21370
...complete Form 14, then they should each submit a completed Form 14 containing the amounts they contend are correct. Tuning v. Tuning, 841 S.W.2d 264, 267 (Mo.App. S.D.1992). The trial court must then determine the correct amounts to use and calculate the presumed child support under Form 14......
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Marriage of v. A, In re, 18492
...14. Additionally, Petitioner's Exhibit 4 included an amount for Wife's reasonable work-related child care costs. In Tuning v. Tuning, 841 S.W.2d 264, 267 (Mo.App.S.D.1992), this Court If the parties do not agree upon the factually and legally proper amounts to be used to complete Form 14, t......
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In re Marriage of Bottorff
...178 (Mo.App.2003). The use of Form 14 is mandatory in any proceeding where presumed child support is calculated. Tuning v. Tuning, 841 S.W.2d 264, 266-67 (Mo. App.1992); Woolridge, 915 S.W.2d at 379. In the second step, the court considers all relevant factors to determine whether the presu......