Deane v. Deane

798 S.W.2d 732, 1990 Mo. App. LEXIS 1667
CourtMissouri Court of Appeals
DecidedNovember 15, 1990
DocketNo. 16621
StatusPublished
Cited by4 cases

This text of 798 S.W.2d 732 (Deane v. Deane) 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
Deane v. Deane, 798 S.W.2d 732, 1990 Mo. App. LEXIS 1667 (Mo. Ct. App. 1990).

Opinion

CROW, Judge.

William Harrison Deane, IV (“William”) appeals from a judgment (a) denying his motion to reduce child support, and (b) awarding his ex-wife, Dorothy Louise De-ane (“Dorothy”), attorney fees of $1,200.

The parties’ marriage was dissolved July 18, 1988. In conformity with a separation agreement and joint custody plan, the decree awarded the parties “joint legal and physical custody” of their four children, born October 5, 1976, October 13, 1978, August 23, 1983, and August 4, 1986, respectively. The parties’ joint custody plan [734]*734provided, among other things: “Husband and Wife shall share equally between them the cost of the support and maintenance of the minor children until the children become emancipated. However, the parties agree that Husband shall pay the sum of Seven Hundred Fifty ($750.00) Dollars per month which equates to be One Hundred Eighty-seven and 50/100ths ($187.50) Dollars per child per month as and for maintenance and support of the minor children during their minority.”

Pursuant to that provision the decree ordered William to pay Dorothy child support of $187.50 per month per child. The decree also ordered him to pay her maintenance of $200 per month for 24 months commencing August 1, 1988.

About a month after the decree the parties agreed each would have physical custody of all children one week at a time, i.e., Dorothy would have custody from 7:00 p.m., Sunday until 7:00 p.m., the ensuing Sunday, then William would have custody for an identical period. Custody would alternate thereafter in like manner.

On January 6, 1989, William married his present wife, Vicki. She has three children. They live with her and William.

On March 1, 1989, William and Vicki purchased a home, valued by William at $76,000. According to him, they borrowed $20,000 from his parents to make the down payment and some improvements. The home was subject to a $56,000 lien which William and Vicki assumed.

On March 2, 1989, seven and a half months after the dissolution, William filed his motion to reduce child support. It was heard September 26, 1989. At that time Vicki was pregnant; birth was expected in February, 1990.

At the time of the dissolution Dorothy was employed at a bank. Interrogatory answers dated May 9, 1988, showed her gross wages there as $292.55 semi-monthly. In August, 1989, a month before the modification hearing, Dorothy commenced employment as a school teacher at a gross annual salary of $18,427.

At the time of the dissolution William was a partner with his father and brother in a farming operation. William took a “monthly draw” of $3,000 from the partnership. According to William, those circumstances remained unchanged at the time of the modification hearing. William deposits this income in his and Vicki’s joint checking account.

Vicki receives $120 per week child support from her ex-husband. She deposits it in the same joint account.

William and Dorothy presented extensive evidence regarding their current expenses. A detailed account of that evidence is unnecessary.

The trial court found Dorothy’s expenses had increased since the dissolution and her income had doubled since then. The trial court further found William’s income had not decreased since the dissolution, nor had his expenses increased since then except as a result of his new marriage and support of his stepchildren. The trial court concluded these changes were not so substantial and continuing as to make the child support in the dissolution decree unreasonable.

In this appeal William avers there was evidence to support a finding of a change in circumstances sufficient to warrant reduction of his child support obligation. He maintains (a) Dorothy’s gross annual income had increased from $8,5821 to $18,-427, (b) Dorothy’s monthly expenses had decreased, not increased, (c) his financial resources had decreased with respect to his reasonable expenses, (d) a month after the dissolution he began keeping the children half the time and providing their necessaries when they are with him, and (e) the trial court should have given substantial consideration to the “Missouri Child Support Guidelines” issued by the Missouri Child Support Guidelines Task Force in September, 1987,2 but failed to do so.

[735]*735Section 452.370.1, RSMo Supp.1988, provides:

“... the provisions of any decree respecting ... support may be modified only upon a showing of changed circumstances so substantial and continuing as to make the terms unreasonable. In a proceeding for modification of any child support award, the court, in determining whether or not a substantial change in circumstances has occurred, shall consider all financial resources of both parties, including the extent to which the reasonable expenses of either party are, or should be, shared by a spouse ... with whom he or she cohabits.... ”

The burden of proving changed circumstances satisfying the requirements of § 452.370.1 is upon the party seeking modification. Magaletta v. Magaletta, 691 S.W.2d 457, 459[2] (Mo.App.1985); Moran v. Moran, 681 S.W.2d 510, 512[1] (Mo.App.1984). Where there has been a short period of time between the original decree and the filing of the motion to modify, the moving party must show an extraordinary change in circumstances. Etling v. Etling, 747 S.W.2d 285, 286-87[l] (Mo.App.1988); Foster v. Foster, 673 S.W.2d 108, 110[6] (Mo.App.1984).

As to Dorothy’s increase in income, William cites no case holding that an increase in income of a parent receiving child support requires a reduction of child support.

It has been held that an increase in income of an ex-wife receiving maintenance does not per se provide a basis for reducing maintenance. Crowell v. Crowell, 742 S.W.2d 244, 247[6] (Mo.App.1987); Magaletta, 691 S.W.2d at 459[3], It has also been held that an increase in income of a parent paying child support is not a sufficient reason to increase child support, but only a factor in determining his ability to provide greater support when there is a substantial and continuing change in circumstances warranting an increase. Etling, 747 S.W.2d at 287[3]; Beilis v. Beilis, 664 S.W.2d 12, 13[1] (Mo.App.1983).

To hold that a parent paying child support is entitled to a reduction if the parent receiving it obtains a higher paying job could stifle the latter’s incentive to seek more remunerative employment. We decline to adopt such a rule.

In support of his allegation that Dorothy’s monthly expenses have decreased, William points out certain differences between a statement of expenses filed by her prior to the dissolution and a statement of expenses filed by her prior to the modification hearing. The latter statement, however, did not include any sum for repaying loans incurred by Dorothy after the dissolution.

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

Related

In Re Marriage of Wilson
181 S.W.3d 575 (Missouri Court of Appeals, 2005)
Welker v. Welker
902 S.W.2d 865 (Missouri Court of Appeals, 1995)
Marriage of Buckman v. Buckman
857 S.W.2d 313 (Missouri Court of Appeals, 1993)
Kieninger v. Kieninger
836 S.W.2d 515 (Missouri Court of Appeals, 1992)

Cite This Page — Counsel Stack

Bluebook (online)
798 S.W.2d 732, 1990 Mo. App. LEXIS 1667, Counsel Stack Legal Research, https://law.counselstack.com/opinion/deane-v-deane-moctapp-1990.