Beaver v. Beaver

954 S.W.2d 717, 1997 Mo. App. LEXIS 1954
CourtMissouri Court of Appeals
DecidedNovember 7, 1997
DocketNo. 21574
StatusPublished
Cited by7 cases

This text of 954 S.W.2d 717 (Beaver v. Beaver) 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
Beaver v. Beaver, 954 S.W.2d 717, 1997 Mo. App. LEXIS 1954 (Mo. Ct. App. 1997).

Opinion

CROW, Judge.

The marriage of Karen Kay Beaver (“Obli-gee”) and Richard Lee Beaver, Sr. (“Obli-gor”) was dissolved in 1981. The dissolution decree ordered Obligor to pay Obligee maintenance and child support.

The trial court modified the decree in 1984, reducing maintenance but not child support.

The trial court modified the decree again in 1987, reducing both maintenance and child support.

[718]*718On September 12, 1995, Obligee filed a motion averring Obligor owed her $20,786.40 as of September 1,1995. The motion prayed the trial court to order Obligor to show cause why he should not be punished for contempt.

The trial court, after hearing testimony by Obligee,1 filed a judgment February 5, 1997, determining that exclusive of interest, Obli-gor owed Obligee “the principal sum of $4,140.00.” However, the judgment further provided:

“Because of the lengthy and bizarre history of this litigation, the Court is unable to ascertain at this juncture whether [Obli-gor’s] failure to pay to [Obligee] the above child support and maintenance delinquency is contumacious, or rather results from confusion on his part, before this judgment, in making proper numerical calculations subsequent to the previous Contempt Judgment entered herein. Therefore, the [Obligee’s] Motion for Contempt is denied. The parties are encouraged to attempt to ascertain, by agreement, through counsel, the method and time table for payment of the above principal judgment, and additionally resolve, by agreement, the matter of interest accumulated to date upon [Obli-gor’s] indebtedness to [Obligee].
Should the parties fail to do so, unless this judgment is earlier reversed or amended by an appellate court, this Court will have no option except to entertain further proceedings brought by either party including Motions for Contempt.”

Obligor brings this appeal, presenting six assignments of error. However, as henceforth explained, we find the judgment unap-pealable; consequently, we do not reach any of Obligor’s claims of error.

Our determination that the judgment lacks appealability requires a chronological account of the pertinent events.

The dissolution decree was filed June 5, 1981. The decree awarded Obligee “primary custody” of the parties’ minor child. The decree ordered Obligor to pay Obligee $600 per month maintenance and $400 per month child support.

The decree was modified by an order filed June 22, 1984 (“the 1984 modification”). That order reduced maintenance to $100 per month beginning July 1, 1984, but left child support unchanged.2

Obligee commenced a contempt proceeding against Obligor in 1986. Obligor responded with a motion to modify.

On October 20, 1986, the trial court entered a “Judgment of Contempt” (“the 1986 contempt judgment”) containing numerous findings. Among them was a determination that after granting Obligor all credits to which he was entitled, he owed Obligee $5,600 maintenance and $4,000 child support as of August 4, 1986. Those sums did not include “statutory interest.”

The trial court ordered Obligor jailed for contempt until he paid the arrearages; however, the judgment permitted Obligor to purge himself of contempt by paying the arrearages in installments of $100 per month ($20 to be applied against delinquent maintenance and $80 to be applied against delinquent child support). Said payments were to begin November 1, 1986, and were to increase to $300 per month ($60 to be applied against delinquent maintenance and $240 to be applied against delinquent child support) when Obligor “obtains employment or enters self employment.” Payments were to continue “until all of said arrearages have been fully paid.”

On December 15, 1987, the trial court entered a “Modification of Decree” (“the 1987 modification”), reducing maintenance to $25 per month and reducing child support to $200 per month. The reductions were effective retroactively to November 1,1987.

On May 9, 1989, the trial court approved and filed a “Stipulation for Orders by Consent of the Parties” (“the 1989 consent order”). It provided, inter alia, that Obligee would not ask the court to enforce the 1986 contempt judgment so long as Obligor:

[719]*719“ ... shall make and maintain as current the present child support ($200.00 per month) and maintenance ($25.00 per month) and in addition thereto the sum of $250.00 on delinquent child support and maintenance or a total monthly sum of $475.00 per month commencing April 1, 1989.”

The activity that generated the instant appeal began six years later, when Obligee filed the motion identified in the fourth paragraph of this opinion. The motion did not aver Obligor was in violation of the 1989 consent order, nor did the motion aver Obligor was in violation of the 1986 contempt judgment (the judgment on which the 1989 consent order was based). Instead, as we have seen, Obli-gee’s motion simply pled Obligor was delinquent on maintenance and child support to-talling $20,786.40.

In response to Obligee’s motion, Obligor filed a “Motion to Dismiss.” It made several attacks on Obligee’s motion, some of which are repeated by Obligor in this appeal.

The trial court took Obligor’s motion to dismiss with the case and denied it upon entering the judgment presently under review.

The judgment reveals the trial court began its deliberation on Obligee’s motion by finding that as of August 4, 1986, Obligor owed Obligee $9,600, exclusive of interest. That finding is consistent with the 1986 contempt judgment, mentioned earlier in this opinion.

The trial court further found that as of “December, 1991,” Obligor ceased paying “the child support and maintenance arrear-ages owed [Obligee] and has made no further payment upon such delinquency since that time.” Next, the trial court found that on January 1, 1992, arrearages of “past child support and past maintenance” owed by Obli-gor to Obligee amounted to “the principal sum of $4,640.00.” 3

The trial court then found Obligor was entitled to a $500 credit against the arrearag-es for payments Obligor made through the court clerk to the parties’ child following the child’s emancipation.4 Applying the $500 credit against the $4,640 arrearages, the trial court, as reported earlier in this opinion, ruled Obligor owed Obligee $4,140, exclusive of interest.

Obligee’s first response to the instant appeal was a motion praying this court to dismiss it. Obligee argued, inter alia, that the judgment “is not a final appealable order in that it requires the parties to negotiate the question of interest or return to the [trial] Court.”

As stated earlier in this opinion, we find the judgment unappealable. However, we base our holding on a different ground than the one tendered by Obligee.

We begin our analysis by identifying the nature of the judgment. One provision thereof is:

“Exclusive of interest, judgment is entered in favor of [Obligee] and against [Obligor] in the principal sum of $4,140.00.”

Although that provision is ostensibly a money judgment, the pleadings before the trial court did not call upon the court to enter a money judgment. Obligee already had a money judgment against Obligor.

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

Related

Daniel Navarro v. Marisa Navatto
504 S.W.3d 167 (Missouri Court of Appeals, 2016)
In Re The Marriage Of Anthony Long v. Eliza Machado Long
469 S.W.3d 10 (Missouri Court of Appeals, 2015)
Taylor & Associates Reporting, Inc. v. O'Herin
119 S.W.3d 182 (Missouri Court of Appeals, 2003)
In Re Marriage of Crow and Gilmore
103 S.W.3d 778 (Supreme Court of Missouri, 2003)
In Re Marriage of Gardner
973 S.W.2d 116 (Missouri Court of Appeals, 1998)

Cite This Page — Counsel Stack

Bluebook (online)
954 S.W.2d 717, 1997 Mo. App. LEXIS 1954, Counsel Stack Legal Research, https://law.counselstack.com/opinion/beaver-v-beaver-moctapp-1997.