Umphenour v. Umphenour, WD
| Decision Date | 19 May 1992 |
| Docket Number | No. WD,WD |
| Citation | 831 S.W.2d 764 |
| Parties | 75 Ed. Law Rep. 1253 Norman UMPHENOUR, Appellant, v. Charlotte UMPHENOUR, Respondent. 45056. |
| Court | Missouri Court of Appeals |
James T. Cook, Kansas City, for appellant.
Nancy A. Beardsley, Kansas City, James H. Young, Blue Springs, for respondent.
Before HANNA, P.J., and FENNER and ULRICH, JJ.
Appellant, Dr. Norman Umphenour, appeals from an order of the trial court modifying his child support obligation. The marriage between Dr. Umphenour and Respondent, Charlotte Umphenour, was dissolved in July of 1980. There were two children born of the marriage between the parties: Melissa Ann Umphenour, born June 26, 1968 and Stephanie Lee Umphenour, born May 4, 1971.
At the time of the dissolution, Stephanie was a sophomore in high school, while at the time of trial herein, she was a sophomore at the University of Kansas. Melissa was emancipated at the time of trial. At the conclusion of the proceeding herein, Norman Umphenour was ordered to pay child support on behalf of Stephanie in the total amount of $1,000 per month.
Dr. Umphenour is a veterinarian employed by Gainesway Farm in Lexington, Kentucky. Gainesway is a horse breeding farm that raises thoroughbred race horses. Dr. Umphenour's 1990 income tax return was not available at the time of trial, but his 1990 salary from Gainesway Farms was $106,949. Dr. Umphenour had additional income from other sources. Dr. Umphenour had income for consulting work from a company called IAMS. In 1989, Dr. Umphenour was paid $4,000 by IAMS, in 1990, $6,000, and in 1991, he had been paid $4,000 by IAMS. In 1989, Dr. Umphenour earned an additional $9,375 from the sale of a race horse and he had a current interest in a race horse for sale. He received income from stud fees in 1990 in the amount of $1,022 and he currently had semen from at least one race horse for sale. Dr. Umphenour's 1988 income tax return reflected a gross income of $111,071 and his 1989 return, $125,886.
Subsequent to his dissolution from Charlotte Umphenour, Dr. Umphenour was remarried to Piper Smith Umphenour. This subsequent marriage was dissolved in October of 1989. Dr. Umphenour was ordered to pay Piper Umphenour $1,800 per month alimony in addition to child support for two children born of their marriage in the total amount of $1,000 per month. The alimony payment was to end in October of 1991 at which time Dr. Umphenour was to make a lump sum payment to Piper Umphenour in the amount of $120,000. Dr. Umphenour stated that the $120,000 payment was to equalize the property division in his dissolution from Piper.
Respondent, Charlotte Umphenour is an attorney employed by the Federal Government. At the time of trial, Charlotte's gross annual earnings were $52,000.
Our review in this matter is as in other court tried cases. The decision of the trial court is to be affirmed unless it is not supported by substantial evidence, is against the weight of the evidence or it erroneously declares or applies the law. Murphy v. Carron, 536 S.W.2d 30 (Mo. banc 1976).
In his first point on appeal, Norman Umphenour argues that the trial court, in setting his support obligation for Stephanie, misapplied the law, as stated in Rule 88.01 and accompanying Form 14, because the trial court failed to adjust his monthly gross income to reflect his other court-ordered child support and maintenance obligations.
Rule 88.01 provides as follows:
When determining the amount of child support to order, a court or administrative agency shall consider all relevant factors, including:
(a) the financial resources and needs of the child;
(b) the financial resources and needs of the parents;
(c) the standard of living the child would have enjoyed had the marriage not been dissolved;
(d) the physical and emotional condition of the child; and
(e) the educational needs of the child. There is a rebuttable presumption that the amount of child support calculated pursuant to Civil Procedure Form No. 14 is the amount of child support to be awarded in any judicial or administrative proceeding for dissolution of marriage, legal separation, or child support. It is sufficient in a particular case to rebut the presumption that the amount of child support calculated pursuant to Civil Procedure Form No. 14 is correct if the court or administrative agency enters in the case a written finding or a specific finding on the record that the amount so calculated, after consideration of all relevant factors, is unjust or inappropriate.
Form 14 consists of a work sheet for calculating the presumed child support amount along with directions for use, comments and a schedule of basic child support obligations, and provides in relevant part, as follows:
1. Monthly gross income: $ __________ $ __________ $ __________
2. Adjustments
a. Other court or __________ __________ __________
administratively
ordered child
support payments
being made
b. Other spousal __________ __________ __________
support payments
being made
3. Adjusted gross income (Line __________ __________ __________
1 minus the sum of line 2a
and line 2b)
4. a. Child support __________
obligation (From
schedule, using
combined gross
income from line
3)
b. Custodial parent's __________
reasonable
work-related
child care
costs
5. Combined child support costs
(Line 4a plus line 4b):
6. Proportionate shares of __________% __________%
combined income (Each
parent's line 3 income
divided by line 3 combined
income):
7. Each parent's child support $ __________ $ __________
obligation (Multiply line
6 and line 5):
8. PRESUMED CHILD SUPPORT $ __________
AMOUNT
DIRECTIONS FOR USE
The custodial and noncustodial parent shall calculate the presumed child support amount by completing the worksheet as follows:
Worksheet, line 1
Enter one-twelfth of yearly gross income.
Gross income includes income from any source, except as excluded below ... [exclusions omitted]
. . . . .
Income earned from a second job of a sporadic or nonrecurring nature may be included in whole or in part in appropriate circumstances.
Significant employment-related benefits received by a parent may be counted as income.
. . . . .
Worksheet, line 2a
Enter the monthly amount of any other court or administrative order for child support from monthly gross income to the extent that such payments are actually being made.
Worksheet, line 2b
Enter the monthly amount of any other court or administrative order for spousal support from monthly gross income to the extent that such payments are actually being made to a person not a party to the action.
. . . . .
Worksheet, line 4a
Enter the amount determined by use of the attached schedule of basic child support obligations.
. . . . .
No schedule can encompass all of the necessary costs of child rearing or unusual circumstances. The following costs are not included in calculation of the child support amount set forth on the worksheet, line 8.
. . . . .
(B) Special needs. Educational expenses such as college, ... are not factored into the attached schedule. Similarly, extraordinary...
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