Baker v. Baker

60 S.W.3d 19, 2001 Mo. App. LEXIS 1702, 2001 WL 1155300
CourtMissouri Court of Appeals
DecidedOctober 2, 2001
DocketED 78903
StatusPublished
Cited by13 cases

This text of 60 S.W.3d 19 (Baker v. Baker) is published on Counsel Stack Legal Research, covering Missouri Court of Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Baker v. Baker, 60 S.W.3d 19, 2001 Mo. App. LEXIS 1702, 2001 WL 1155300 (Mo. Ct. App. 2001).

Opinion

Introduction

SULLIVAN, Presiding Judge.

Robert J. Baker (Father) appeals from a trial court Order and Judgment of Modification (Judgment) increasing his child support payment obligation. We reverse and remand with instructions.

Factual and Procedural Background

In January 1991, the trial court entered a decree of dissolution of marriage for Father and Jean D. Baker (Mother). One child was born of the marriage, G.B., in July 1986. .Mother received primary physical custody of G.B. An Order of Custody, Child Support and Guardian Ad Li-tem Fees, entered in September 1990, ordered Father to pay child support in the amount of $400 per month. In May 1999, the Missouri Division of Child Support Enforcement filed a Motion for Modification of Child Support requesting an increase in the amount of child support to $501 per month. In October 1999, after an administrative hearing, the hearing officer reduced Father’s monthly child support obligation to $200 plus $180 for health insurance coverage on G.B. The hearing officer attached a Civil Procedure Form 14 (Form 14) to his administrative order. In August 2000, with no petition for judicial review being filed, the trial court found that the modification complied with Rule 88.01, 1 and it confirmed and adopted the administrative order as the judgment of the court.

Mother filed a Motion to Modify. In October 2000, after a bench trial, the trial court entered its Judgment, increasing Father’s monthly child support payment to $613, retroactive to June 1, 2000. The trial court attached a Form 14 to the Judgment. The Judgment also ordered Mother to maintain health and medical insurance *22 coverage on G.B., in the amount of $127 per month, with any uncovered expenses for G.B. to be split equally between Father and Mother. In its Judgment, the trial court found that Mother “has sustained her burden of proof in demonstrating a change of circumstances has occurred so substantial and continuing as to make the terms concerning child support and health insurance coverage unreasonable.”

Additionally, the Judgment ordered Father to pay $1,500 toward Mother’s attorney’s fees, which the trial court found to be approximately $1,800. The Judgment also ordered Father to be solely responsible for the Guardian Ad Litem fees in the amount of $750, as previously ordered by the trial court. Father appeals the Judgment pro se.

Discussion

We interpret Father’s point on appeal to challenge the trial court’s finding that Mother met her burden of showing changed circumstances so substantial and continuing as to make the terms concerning child support unreasonable and the trial court’s order increasing Father’s child support payment obligation. 2

The trial court’s order as to child support will be affirmed unless it is unsupported by substantial evidence, it is against the weight of the evidence, or it erroneously declares or applies the law. Gal v. Gal, 937 S.W.2d 391, 392 (Mo.App. E.D.1997). Where there is a conflict in testimony, we defer to the trial court’s determination of the credibility of witnesses. Id. We view the evidence in a manner favorable to the order and disregard contrary evidence. Id. We defer to the trial court even if the evidence could support a different conclusion. Id.

A child support award may be modified only upon a showing of changed circumstances so substantial and continuing as to make the terms unreasonable. Section 452.370.1. 3 The factors to be considered by a court in determining whether or not a substantial and continuing change of circumstances has occurred are: (1) the financial resources of each party, including the extent to which the reasonable expenses of either party are, or should be, shared by a spouse or other person with whom he or she cohabits; and (2) the earning capacity of a party who is not employed. Id. The burden of proof is on the party seeking modification, and the changed circumstances sufficient to support a modification must be proven by detailed evidence. Killian v. Grindstaff, 987 S.W.2d 497, 499 (Mo.App. E.D.1999).

In considering whether there has been a sufficient change of circumstances, we look to the date of the last prior modification. Massey v. Todd, 962 S.W.2d 949, 950 (Mo.App. S.D.1998). Although the hearing officer entered his administrative order in October 1999, from which Mother did not file a petition for judicial review, the trial court confirmed and adopted the administrative order as the judgment of the court in August 2000, only two months prior to the Judgment from which Father appeals.

*23 The primary basis for increasing Father’s child support payment obligation from the prior order to the Judgment from which Father appeals is the difference in the amount of imputed monthly income to Father. In the administrative order, the hearing officer found the following:

Father presented credible evidence that he has essentially been terminated from a high-paying job he had worked for years with Boeing in St. Louis. The hearing officer finds that based on Father’s age and work history it is unrealistic to expect that he will be able to obtain similar employment at a comparable wage in the foreseeable near future.
Therefore, Father was imputed income [on the attached Form 14] based on his testimony that, although he is presently unemployed, based on some preliminary inquiries into what he might be able to command in the present job market, he expects that he will be able to obtain employment at $10.00 per hour, 40 hours per week ($10.00 per hour x 40 hours per week x 52 weeks per year -e 12 months = $1733.33, or $1733.00, rounded).
Likewise, Mother’s income is imputed to her based on her testimony that although she is presently unemployed, she expects that she will be able to obtain employment at $9.50 per hour, 40 hours per week ($9.50 per hour x 40 hours per week x 52 weeks per year -h 12 months = $1646.67, or $1647.00, rounded).

On the Form 14 attached to the Judgment from which Father appeals, the trial court imputed income to Father in the amount of $4,000 per month, presumably based on the figure Mother entered on her Form 14. 4 Regarding that figure, Mother testified to the following during direct examination:

Q. We’ve imputed income to your former husband because he is self-employed, and we don’t have any records of his employment, of $4,000 a month; is that correct?
A. That sounds right. Yes.

Presumably, Mother estimated the $4,000 figure based on Father’s salary while at Boeing. 5

Free access — add to your briefcase to read the full text and ask questions with AI

Related

Bethany D. Harris v. Douglas L. Harris
Missouri Court of Appeals, 2022
Doss v. Brown
419 S.W.3d 784 (Missouri Court of Appeals, 2012)
Pearson v. Koster
367 S.W.3d 36 (Supreme Court of Missouri, 2012)
Marriage of Passanante v. Passanante
364 S.W.3d 690 (Missouri Court of Appeals, 2012)
Wuelling Ex Rel. Wuelling v. Brown
341 S.W.3d 157 (Missouri Court of Appeals, 2011)
Wightman v. Wightman
295 S.W.3d 183 (Missouri Court of Appeals, 2009)
Buchholz v. Buchholz
166 S.W.3d 146 (Missouri Court of Appeals, 2005)
Sherman v. Sherman
160 S.W.3d 381 (Missouri Court of Appeals, 2004)
Young v. Beckman
147 S.W.3d 899 (Missouri Court of Appeals, 2004)
Holifield v. Holifield
109 S.W.3d 711 (Missouri Court of Appeals, 2003)
Clark v. Clark
101 S.W.3d 323 (Missouri Court of Appeals, 2003)

Cite This Page — Counsel Stack

Bluebook (online)
60 S.W.3d 19, 2001 Mo. App. LEXIS 1702, 2001 WL 1155300, Counsel Stack Legal Research, https://law.counselstack.com/opinion/baker-v-baker-moctapp-2001.