Haeffner v. Haeffner

977 S.W.2d 317, 1998 Mo. App. LEXIS 1904, 1998 WL 723842
CourtMissouri Court of Appeals
DecidedOctober 19, 1998
DocketCase No. 22138
StatusPublished

This text of 977 S.W.2d 317 (Haeffner v. Haeffner) 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
Haeffner v. Haeffner, 977 S.W.2d 317, 1998 Mo. App. LEXIS 1904, 1998 WL 723842 (Mo. Ct. App. 1998).

Opinion

BARNEY, Judge.

Mike Lee Haeffner (Mr. Haeffner) appeals from a judgment entered in a postdissolution action. The Circuit Court of Howell County modified Mi'. Haeffner’s child support obligation to his former wife, Diana Lea Haeff-ner (Ms. Haeffner), by increasing Mr. Haeff-ner’s monthly child support obligation from $228.75 to $399.00, commencing September 1, 1997, with the provision that during the months of July and August of each year, his [318]*318support obligation will be abated. Additionally, Mr. Haeffner was allocated the federal income tax dependent exemption for the parties’ only child, Zachary, born October 2, 1989. We affirm.

On June 11, 1996, Mr. Haeffner sought to modify his then existing child support obligation “by reducing the amount of child support, if not totally eliminating it, for the months of June, July and August of each year.” He complained that he not only was obligated to pay monthly child support payments but was also solely responsible for Zachary’s daycare and every-day expenses when he had physical custody of him. Ms. Haeffner filed a counter-motion to modify seeking, inter alia, an increase in child support payments from Mr. Haeffner.

The trial on the respective motions to modify was held on August 29, 1997. All of the matters pleaded in Ms. Haeffner’s motion to modify were settled prior to trial, except for her request to increase Mr. Haeffner’s child support obligations.

The trial court entered its judgment on November 20, 1997, increasing Mr. Haeff-ner’s child support obligation from $228.75 to $899.00 per month commencing September 1, 1997, but abated his support payment obligation during July and August of each year, coinciding with that period of time he had primary custody of Zachary. The trial court found that “no basis [exists] for deviation from the presumed support amount so long as [Mr. Haeffner] is granted a two month abatement each summer.” Ms. Haeffner did not oppose the July and August abatement of child support at trial, nor does she in this appeal.1 The trial court also ordered Ms. Haeffner to maintain a health insurance policy2 for Zachary and allocated the federal income tax dependent exemption to Mr. Ha-effner. Each party was required to pay his or her own attorney’s fees.

In his sole point of error, Mr. Haeff-ner argues that his Form 14 calculations, adopted by the modification court, show that his presumed monthly child support obligation is $399.00. Since this amount is less than the presumed monthly child support obligation of $437.50 as found by the dissolution court, Mr. Haeffner maintains that Ms. Haeffner has failed to establish a change in circumstances so substantial and continuing as to justify an increase in his child support obligation.

“The decision of the trial court [in a modification action] will be affirmed on appeal unless there is no substantial evidence to support it, it is against the weight of the evidence, it erroneously declares the law, or it erroneously applies the law.” Mann v. Hall, 962 S.W.2d 417, 419 (Mo.App.1998); Burton v. Donahue, 959 S.W.2d 946, 948 (Mo.App.1998). “The determination to award a modification in child support lies within the discretion of the trial court, and the trial court’s decision will be reversed only for abuse of discretion or misapplication of law.” Mann, 962 S.W.2d at 419.

“A child support award may only be modified upon a showing of changed circumstances so substantial and continuing as to make the terms of the award unreasonable.” Id, at 420; see also § 452.370.1, RSMo Cum.Supp.1997. “In determining what constitutes a substantial and continuing change of circumstances, the court is to consider all financial resources of both parties.” Id. “The parent seeking the modification has the burden of showing such change in circumstances.” Id. A parent may establish a prima facie case of changed circumstances by proof that the current support payment deviates by 20% or more from the child support amount prescribed by the guidelines contained in Rule 88.01. Mann, 962 S.W.2d at 420. “The use of Form 14 in calculating child support in any proceeding involving the determination of child support is mandatory. Gibson v. Gibson, 946 S.W.2d 6, 9 (Mo.App.1997).

[319]*319“[R]ule 88.01 establishes a presumptive amount for child support as calculated pursuant to Form 14.” Tracy v. Tracy, 961 S.W.2d 856, 864 (Mo.App.1998)(emphasis added). These support guidelines, however, “are simply formulas or schedules to consider.” Gal v. Gal 937 S.W.2d 391, 396 (Mo.App.1997). “They leave significant room for sound discretion.” Id. Deviation from this presumed amount is permissible if the trial court makes 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.” Rule 88.01(e), Missouri Court Rules (1998). See Farr v. Cloninger, 937 S.W.2d 760, 765 (Mo.App.1997).

Here, Mr. Haeffner’s point ignores significant distinctions between the circumstances as found in the child support order in the dissolution action and the circumstances as found by the trial court in the modification action.

In the dissolution judgment, the trial court delineated specific findings to rebut the presumed child support amount. First, the trial court found, based on the financial resources of the parties, that Mr. Haeffner’s presumed child support obligation was $437.50 per month.3 The trial court then reviewed the custody schedule outlined in its judgment and referred to Comments A and D of Form 14, Civil Procedure Forms, Missouri Rules of Court (1995), then extant, in determining that a departure from the presumed child support was appropriate.4 The trial court found that Zachary would be spending approximately seventy percent of each calender year with Ms. Haeffner and the other thirty percent with Mr. Haeffner. Thus, considering the financial resources of the parties at the time of the dissolution action, the trial court found that “the amount calculated under Form 14 is inappropriate owing to shared physical custody and Comments A and D.”5 Accordingly, the trial court, in the dissolution action, as it was permitted to do, reduced the presumed monthly child support

obligation payable by Mr. Haeffner from $437.50 to $228.75. See Woolridge v. Woolridge, 915 S.W.2d 372, 382-83 (Mo.App.1996).

In its modification judgment, as mandated by Form 14, the trial court found that Mr. Haeffner’s presumed child support was $399.00 per month as reflected in the Form 14 submitted by Mr. Haeffner, which the trial court adopted.6 Relying on Mr. Haeff-ner’s Form 14, the trial court found that his gross monthly income had increased from the time of the dissolution action. See note 6, supra.

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Gibson v. Gibson
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937 S.W.2d 760 (Missouri Court of Appeals, 1997)
Gal v. Gal
937 S.W.2d 391 (Missouri Court of Appeals, 1997)
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In Re Marriage of Bloom
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961 S.W.2d 855 (Missouri Court of Appeals, 1998)
Mann v. Hall
962 S.W.2d 417 (Missouri Court of Appeals, 1998)
Burton v. Donahue
959 S.W.2d 946 (Missouri Court of Appeals, 1998)
Short v. Short
947 S.W.2d 67 (Missouri Court of Appeals, 1997)
Woolridge v. Woolridge
915 S.W.2d 372 (Missouri Court of Appeals, 1996)
Riley v. Rollo
913 S.W.2d 382 (Missouri Court of Appeals, 1996)
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Bluebook (online)
977 S.W.2d 317, 1998 Mo. App. LEXIS 1904, 1998 WL 723842, Counsel Stack Legal Research, https://law.counselstack.com/opinion/haeffner-v-haeffner-moctapp-1998.