Bright v. Bright

989 S.W.2d 196, 1999 Mo. App. LEXIS 220, 1999 WL 169782
CourtMissouri Court of Appeals
DecidedFebruary 24, 1999
DocketNo. 22329
StatusPublished
Cited by6 cases

This text of 989 S.W.2d 196 (Bright v. Bright) 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
Bright v. Bright, 989 S.W.2d 196, 1999 Mo. App. LEXIS 220, 1999 WL 169782 (Mo. Ct. App. 1999).

Opinions

CROW, Judge.

James E. Bright (“James”)1 appeals from a judgment ordering him to pay Myla L. Bright (“Myla”): (1) $12,000.00 child support “owed from December 1, 1993 until March 21, 1995,” for Lance Dodgen Bright (“Lance”), plus accrued interest; (2) $10,-452.17 for medical expenses incurred by Myla for Lance; (3) $9,329.33 for expenses incurred by Myla for Lance’s funeral; (4) $5,000.00 in “partial payment” of Myla’s attorney fees.2

Discussion of James’s three claims of error requires a brief history of the litigation.

The parties’ marriage was dissolved March 19, 1987, by a decree granting Myla custody of two children: Lance, born May 19, 1975, and a younger child. The decree ordered James to pay Myla child support of $750 per month per child and to pay all medical and dental expenses of the children.

On June 10, 1993 (22 days after Lance reached age 18), Myla filed a motion to modify. Myla averred Lance had graduated from high school and had been admitted to college, a change in circumstances warranting an increase in child support and an order commanding James to pay Lance’s “college expenses.”

Lance began attending college at the “end of August [1993}.” In October of that year he was arrested and jailed for burglary and extortion. He pled guilty December 6, 1993, and was placed on probation. Myla, fearing Lance would “receive a semester of F’s,” withdrew him from college.

James thereupon ceased paying Myla child support for Lance.

The lawyer representing Myla on her motion to modify (which had been pending since June 10, 1993) advised her there was "“no point in going to court when [Lance] is not in college right now.” The lawyer subsequently [198]*198dismissed the motion “without prejudice” on January 28,1994.

A year later, on January 30, 1995, Myla filed a motion seeking sundry relief including: (1) a determination of “child support arrearages” owed her by James for Lance; (2) a determination of the “health related expenses” for Lance which James should have paid; (3) a declaration that Lance “is not emancipated.” Myla averred Lance was “disabled by reason of a major depression.”

Lance committed suicide March 20, 1995.

On August 18, 1995, Myla filed a motion superseding the one she had filed January 30, 1995. The new motion sought the relief identified in clauses “1” and “2” of the paragraph describing the earlier motion, plus an award of “funeral expenses” and a declaration that Lance “was not emancipated at the time of his death.”

Following an evidentiary hearing, the trial court entered judgment granting Myla the relief itemized in the first paragraph of this opinion. The trial court found that because Lance was enrolled in college immediately following his graduation from high school, James’s child support obligation extended beyond Lance’s eighteenth birthday pursuant to § 452.340.5.3 The trial court further found that Lance became mentally incapacitated from supporting himself while he was attending college. The trial court concluded that inasmuch as (a) James was obligated to pay Myla child support while Lance was attending college, and (b) Lance became incapacitated while James was under that obligation,4 Myla was entitled to child support from James for Lance even after Myla withdrew Lance from college, as Lance (at the time he left college) was “still in need of support” and “not emancipated.”

James’s first point relied on reads:

“The trial court erred in awarding judgment to [Myla] for child support and medical expenses incurred because [§ 452.340.4] did not confer jurisdiction on the court to compel [James] to support Lance ..., an adult child who was not ‘incapacitated’ until after he reached his majority, even though [James] might have otherwise been required to support the child had [he] continued to be enrolled in a[sie] institution of vocational or higher learning. There was no substantial evi[199]*199dence that Lance was ‘incapacitated’ when he reached his majority; the evidence established that Lance did not become incapacitated until well after his eighteenth birthday and after he had been withdrawn from college because of his incarceration by civil authorities.”

James emphasizes that under § 452.340.3(5), his obligation to make child support payments to Myla for Lance would have terminated when Lance reached age eighteen on May 19, 1993, unless subsection 4 or subsection 5 of § 452.340 applied. James insists that inasmuch as Lance was neither physically nor mentally incapacitated from supporting himself when he reached age eighteen, subsection 4 would have conferred no authority on the trial court to extend James’s duty to pay Myla child support for Lance beyond Lance’s eighteenth birthday.5 Consequently, reasons James, his duty to support Lance beyond Lance’s eighteenth birthday arose only because of Lance’s enrollment in college, an event that triggered subsection 5 of § 452.340. James maintains that when Lance left college — and never returned during the remaining 16 months of his life — the duty imposed on James to support Lance under § 452.340.5 terminated.6

The issue thus framed by James’s first point and the tragic facts of this case is whether a divorced parent who is required by § 452.340.5 to pay child support for an eighteen-year-old son who is attending college can be required by § 452.340.4 to continue paying child support if the son, while in college, becomes mentally disabled from supporting himself, leaves college, and is insolvent and unmarried. The issue is one of statutory construction.

When ascertaining the meaning of a statute, a court’s primary role is to determine the intent of the General Assembly from the language used and give effect to that intent if possible. Trailiner Corp. v. Director of Revenue, 783 S.W.2d 917, 920[1] (Mo. banc 1990). A court must give effect to a statute as written. McDermott v. Carnahan, 934 S.W.2d 285, 287[4] (Mo. banc 1996). In doing so, a court looks to the plain language of the statute. Id. at [5].

Had Lance, upon reaching age eighteen and graduating from high school, chosen to get a job (or remain unemployed) instead of attending college, it is undisputed that James’s child support obligation for Lance would have terminated. In that scenario, § 452.340.4 (the “physically or mentally incapacitated” exception) would not have extended James’s child support obligation, as Lance — at that time — was not (according to the trial court’s findings) incapacitated. Consequently, but for Lance’s enrollment in college, James’s child support obligation for Lance would have ended prior to the filing of Myla’s motion to modify on June 10, 1993.

Nothing in 452.340.4 indicates the General Assembly intended that a divorced parent whose child support obligation terminates by reason of his child reaching age eighteen (with no physical or mental incapacity) can, at some future time, be reassigned the duty of support if the child becomes incapacitated.

The Supreme Court of Arkansas confronted a situation analogous to the instant case in Towery v. Towery, 285 Ark. 113, 685 S.W.2d 155 (1985).

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Bluebook (online)
989 S.W.2d 196, 1999 Mo. App. LEXIS 220, 1999 WL 169782, Counsel Stack Legal Research, https://law.counselstack.com/opinion/bright-v-bright-moctapp-1999.