Marriage of Picou v. Picou

789 S.W.2d 522, 1990 Mo. App. LEXIS 758, 1990 WL 63662
CourtMissouri Court of Appeals
DecidedMay 15, 1990
DocketNo. 56391
StatusPublished
Cited by3 cases

This text of 789 S.W.2d 522 (Marriage of Picou v. Picou) 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
Marriage of Picou v. Picou, 789 S.W.2d 522, 1990 Mo. App. LEXIS 758, 1990 WL 63662 (Mo. Ct. App. 1990).

Opinion

GRIMM, Judge.

In this action to modify a child support award and recover arrearages, petitioner Louise Ann Picou (mother) appeals from the trial court’s judgment. We modify the child support award and affirm.

Mother raises three points of error. First, the trial court erred in granting respondent Charles Louis Picou, Sr., (father) “credit for unpaid child support during periods of time when he had actual temporary physical custody of one or more children whose legal and primary physical custody was with [mother] pursuant to the [dissolution decree]_” We disagree, because the trial court properly applied the equitable exceptions doctrine.

Second, the “trial court erred in failing to increase the child support award with respect to the minor children remaining in [mother’s] custody_” We agree and increase the child support award to $140.00 per month per child. Third, the “trial court erred in failing to assess [mother’s] attorney fees against [father]_” We disagree, because the trial court did not abuse its broad discretion.

I. Background

The parties' marriage was dissolved on April 15, 1981. Pursuant to a separation agreement, mother was awarded custody of the parties’ three minor daughters: Melanie, Sara, and Susannah. Father received custody of the parties’ two minor sons: Matthew and Charles.

Under the decree, father was ordered to “pay to [mother] as child support for the three minor children under her control the sum of $300.00 per month as and for child support, said support shall be reduced by thirds upon the 21st birthday or earlier emancipation of the minor children.” Further, the decree ordered, mother “shall not be obligated to pay any support to [father] for the two minor children under his control and custody.”

Father paid the monthly child support in 1981 and 1982. Father paid no child support in 1983 or 1984. From 1985 through 1988, father paid only part of the child support ordered in the decree.

Melanie lived with mother until November, 1981, when, at Melanie’s request, father moved her to his home. Melanie lived with father 69 of the next 81 months.

Sara moved to father’s home in June, 1987, and has lived continuously with him since that time. Susannah has always lived with mother.

As to the two boys, they basically lived with father. Matthew did live with mother for two months in the summer of 1986, as well as for three or four months in 1987. Charles lived with father until Charles married in July, 1987.

II. Credit for Child Support

Mother’s first point alleges the trial court erred in granting father “credit for unpaid child support during periods of time when he had actual temporary physical custody of one or more children whose legal and primary physical custody was with [mother] pursuant to the [dissolution decree]_” She contends that the “equitable exceptions doctrine” should not be applied because mother did not consent to the changes of custody.

The general rule is that a parent ordered to pay child support may not provide that child support through means other than payment of the court ordered amount to the other parent. Meyer v. Meyer, 493 S.W.2d 42, 45 (Mo.App.W.D.1973). Missouri, however, like most jurisdictions, allows “exceptions under appropriate circumstances and [holds] that credit should [524]*524be given [the obligated parent] when dictated by equitable considerations.” Id.

We view the evidence in the light most favorable to the judgment. It discloses that Melanie, in November 1981, did not want to attend high school in the district where mother lived. She told mother that she wanted to go to high school in the town where father lived. Melanie “missed the friends that she had went to school with.” Mother called father and told him that Melanie wanted to live with him. Mother gave him no reason; father went and picked Melanie up and took her to his home. Although testifying that she did not give her consent to the move, mother said she realized that she “could not hold [Melanie] there if she didn’t want to be there.”

In January, 1986, mother was in the process of obtaining another divorce. At that time, Sara and Susannah were living with her. On January 15, she had her attorney write father concerning past due and current child support.

The letter, in part, said, “you were obligated to pay $100.00 per month for each child that [mother] continued to take care of in her home.” The letter added, “The easiest way would be for you to pay her $50.00 per week as and for child support. If you will start now, meaning this week, making those payments and continue making them regularly, then it will not be necessary for her to take any further action with regard to the back child support which is now due in an amount in excess of $6,500.00.” Father paid mother $150 in January and $200 per month in 1986

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Related

Gordon v. Gordon
924 S.W.2d 529 (Missouri Court of Appeals, 1996)
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855 S.W.2d 410 (Missouri Court of Appeals, 1993)
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796 S.W.2d 400 (Missouri Court of Appeals, 1990)

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Bluebook (online)
789 S.W.2d 522, 1990 Mo. App. LEXIS 758, 1990 WL 63662, Counsel Stack Legal Research, https://law.counselstack.com/opinion/marriage-of-picou-v-picou-moctapp-1990.