In re the Marriage of Stigall

756 S.W.2d 184, 1988 Mo. App. LEXIS 972, 1988 WL 67191
CourtMissouri Court of Appeals
DecidedJune 30, 1988
DocketNo. 15071
StatusPublished
Cited by7 cases

This text of 756 S.W.2d 184 (In re the Marriage of Stigall) 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
In re the Marriage of Stigall, 756 S.W.2d 184, 1988 Mo. App. LEXIS 972, 1988 WL 67191 (Mo. Ct. App. 1988).

Opinions

GREENE, Presiding Judge.

Carolyn Kay Stigall (Kay) appeals from the trial court’s order modifying the child support provisions of a prior dissolution decree, which order set child support for Cynthia Stigall, a minor child of Kay and her former husband, Dallas Wayne Stigall (Dallas), in the sum of $166.66 a month, and which decreed that there was no ar-rearage for back child support.

In her brief filed here, Kay does not question the child support award made on behalf of Cynthia, but does contest the trial court’s ruling on the arrearage question, contending that, by virtue of the terms of the dissolution decree, Dallas owes her $9,295 for back child support. We affirm.

Facts relevant to the disposition of this appeal are as follows. Kay and Dallas were married in 1963. Two children were born of the marriage — a son, Jeffrey, bom March 28, 1966, and a daughter, Cynthia, bom May 30, 1968. The marriage of the parties was dissolved in the Circuit Court of Wright County, Missouri, on July 31, 1975. In the decree, Kay was awarded custody of the two children, and Dallas was ordered to pay Kay the sum of $250 a month for the support of the two children.

On March 11, 1980, Kay filed a petition in the Circuit Court of Wright County alleging that she was the wife of Dallas, which was not trae, that she was the mother and Dallas was the father of Jeffrey and Cynthia, and that Dallas, since April of 1979, had “refused and neglected to provide fair and reasonable support for petitioner and the other dependent(s).” The petition was styled “PETITION FOR SUPPORT UNDER UNIFORM SUPPORT OF DEPENDENTS LAW,” and listed Dallas’ current address as Route 1, Cabool, Missouri. The relief prayed for was a support order directed to Dallas “as shall be deemed to be fair and reasonable....” No mention was made in the petition of the prior dissolution decree and child support award.

The matter was set for hearing on May 1, 1980, at which time Kay and Dallas appeared in court before the same judge who had entered the dissolution decree. The prosecuting attorney of Wright County, who was representing Kay’s interest, announced to the court: “The parties have agreed that Mr. Stigall would pay, begin paying immediately, $150.00 per month, total, or $75.00 per month per child, to Mrs. Stigall as current child support obligation.” After the attorney for Dallas confirmed the [186]*186agreement, the trial judge stated: “It’s stipulated and agreed that the respondent shall pay child support in the sum of $75.00 per child per month, and stipulation approved.” The parties further stipulated that Dallas was in arrears in the sum of $2,000 on his previously court ordered child support obligation. The trial court ordered Dallas to pay child support in the sum of $75 per month in accordance with the terms of the stipulation, and directed that a hearing be held to determine a method of paying the past due support obligation. On July 3, 1980, the trial court, after hearing evidence, ordered Dallas to pay a lump sum of $150 toward the arrearage, determined the arrearage would then be $1,850, and ordered Dallas to pay that amount at the rate of $25 a month, which, together with the child support payment totalling $150 a month, amounted to $175 a month that Dallas was to pay Kay.

On March 12, 1986, Dallas filed a motion to modify the dissolution decree. He alleged that in the original decree he was obligated to pay a total of $250 a month as child support, and that such sum was “reduced to $150.00 per month total in June, 1980.” As a change in circumstances justifying modification, the motion stated that Jeffrey was emancipated and no longer required support. The motion also stated that Kay had assigned her right to receive child support from Dallas to the Missouri Division of Family Services, and that there was “a dispute as to what the arrearage owed by Movant amounts to....” In the prayer of his petition, Dallas requested that the decree be modified by abating the child support award for Jeffrey, and that the trial court determine what amount of back child support Dallas owed, after crediting him with all monies he paid after Jeffrey became emancipated.

In her answer, Kay admitted the marriage had been dissolved and that the dissolution decree ordered Dallas to pay her the sum of $250 a month as child support, and denied all other allegations of the motion. The prayer of her answer requested dismissal of the motion filed by Dallas, and an allowance of attorney fees. Kay also filed a cross-motion to modify in which she sought an increase in the amount of child support, citing as a change in circumstances an increase in the cost of supporting the children, including expenses of Cynthia in attending college. The prayer in her motion was for an increase in the amount of child support to be paid by Dallas. She made no claim in her motion that Dallas owed any back child support.

On October 30,1986, the trial court, after hearing evidence, made a judgment entry, the pertinent parts of which read as follows:

1) That the child, Jeffrey Stigall, is not in school and is working full time and under the facts heard by this Court is emancipated.
2) That the child, Jeffrey Stigall, lived with his father from October 1, 1985 through February of 1986 and this action was filed in March, 1986.
3) The Movant/Father owed back child support of $1,850 as of May 1, 1980 and future child support of $150 each month.
4) The child support owed by Mov-ant/Father since May of 1980 is: 65 months for Jeffrey @ $75 per month = $4,875; plus 77 months for Cynthia @ $75 per month = $5,775; plus the arrear-age of $1,850 for a total of $12,500 through October, 1986.
5) The Movant/Father has paid from May 1980 through October, 1986 the sum of $12,630.
6) That Movant/Father has overpaid his child support in the sum of $130 and is credited that amount towards future child support owed.
7) That there is no arrearage owed by Movant/Father and the intercept of Mov-ant/Father’s federal and state taxes should immediately cease.
8) That the minor daughter, Cynthia, is enrolled in college and the Respondent/Mother is entitled to child support in the sum of $2,000 per year payable in 12 monthly installments of $166.66 per month.
9) That Respondent/Mother is entitled to a judgment for $400 on attorney fees.
It is so ordered.

[187]*187Kay appealed from that judgment, contending the trial court erred in finding that the May 1, 1980, child support order was a modification of the original dissolution decree of July 31, 1975, because (1) the May 1, 1980, judgment was not based upon a motion to modify, (2) there was no notice to the parties that the May 1, 1980, proceeding was, in fact, a modification hearing, and (3) there was not sufficient evidence introduced at the May 1, 1980, hearing to allow the court to modify the decree. In support of these assertions, Kay cites § 452.370.1,1 § 454.280, Ray v. Ray, 247 Ga. 467, 277 S.E.2d 495 (1981), In re Marriage of Popenhager, 99 Cal.App.3d 514, 160 Cal.Rptr. 379 (1979), and Trice v. Trice, 428 So.2d 1265 (La.App. 3 Cir.1983).

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

Related

Ogden v. Henry
872 S.W.2d 608 (Missouri Court of Appeals, 1994)
Boyer v. State ex rel. Stuerke
851 S.W.2d 802 (Missouri Court of Appeals, 1993)
Arnold v. Krewson
834 S.W.2d 229 (Missouri Court of Appeals, 1992)
Spangler v. Spangler
831 S.W.2d 256 (Missouri Court of Appeals, 1992)
State ex rel. Howell v. Howell
818 S.W.2d 704 (Missouri Court of Appeals, 1991)
Hodgins v. Hodgins
814 S.W.2d 710 (Missouri Court of Appeals, 1991)
Morton v. Morton
798 S.W.2d 521 (Missouri Court of Appeals, 1990)

Cite This Page — Counsel Stack

Bluebook (online)
756 S.W.2d 184, 1988 Mo. App. LEXIS 972, 1988 WL 67191, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-the-marriage-of-stigall-moctapp-1988.