McCullough v. McCullough

402 S.W.2d 623, 1966 Mo. App. LEXIS 651
CourtMissouri Court of Appeals
DecidedApril 19, 1966
DocketNos. 32251, 32252
StatusPublished
Cited by7 cases

This text of 402 S.W.2d 623 (McCullough v. McCullough) 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
McCullough v. McCullough, 402 S.W.2d 623, 1966 Mo. App. LEXIS 651 (Mo. Ct. App. 1966).

Opinion

ANDERSON, Judge.

In cause No. 32,252, plaintiff, Dorothy Janice McCullough has appealed from a judgment for defendant in an action to increase the allowance to her for child support previously awarded in a divorce action. The appeal in cause No. 32,251 is by Lawrence Neil McCullough, defendant in said action, from an award to plaintiff of attorney’s fees in said suit. The appeals were consolidated for hearing in this Court.

The divorce suit was filed on April 26, 1957, and the decree rendered June 28, 1957. Prior to the trial, plaintiff and defendant entered into an agreement with respect to their property rights, alimony, custody of the children born of the marriage and the allowance for child support, all subject to the approval of the Court. The parts mate[625]*625rial to the issues on this appeal are as follows:

“1. The Plaintiff shall have primary custody of the minor children born of the marriage, namely, Lawrence Neil McCullough, III, and Carol Adams McCullough, subject to the right of Defendant to see and visit said children at reasonable times and subject, further, to the right of Defendant to have temporary custody of said children for a period of one month each year during their summer vacation from school beginning in 1958, and subject, further, to the right of Defendant to have temporary custody of said children one weekend each month from 5:00 P.M. on Friday until 8:00 P.M. on Sunday and during one-half of the Christmas vacation of said children each year, and it is further agreed that during such periods of temporary custody by Defendant that he may remove said children from the State of Missouri.
“2. That the Defendant shall pay to Plaintiff for the support of each child the sum of TWO HUNDRED DOLLARS ($200.00) per month, a total of FOUR HUNDRED DOLLARS ($400.00) per month.
“3. That Defendant shall pay to Plaintiff as and for alimony the sum of TWO HUNDRED AND FIFTY DOLLARS ($250.00) per month.
⅜ ⅜« * ⅝ ⅜ *
“5. It is understood by Plaintiff and Defendant that the sums for child support and alimony above mentioned are based in part on an expected future increase in the income of Defendant and it is recognized that such sums, considering the present income of Defendant, are liberal, and it is further understood by Plaintiff and Defendant that a decree of divorce incorporating provisions of this stipulation and agreement with respect to the custody and support of said children and alimony to be paid to Plaintiff, shall be and is, subject to change and modification by the Court upon application of either party hereto and a showing of changed circumstances arising subsequent to the granting of said- decree which may in law authorize the Court in making such change or modification.
* * * * t- *
“10. The original of this Stipulation and Agreement will be filed with the Court and made a part of such decree of divorce as may be entered between Plaintiff and Defendant.”

In the decree, the Court found plaintiff was the innocent and injured party and entitled to the relief prayed for in her petition. It dissolved the bonds of matrimony existing between the parties and granted plaintiff the custody of the two children born of the marriage. It provided for temporary custody and visitation rights in defendant in the manner specified in the stipulation, also alimony and support money for the children in the amounts stipulated, said decree reading as follows:

“ * * * that said plaintiff have and recover of said defendant the sum of $250.00 per month as and for alimony and the sum of $200.00 per month as and for the support of each of said children, making a total of $650.00 per month, the first payment due and payable forthwith and the same amount due and payable on the 28th day of each month, until further ordered by the Court; * * * and that said defendant pay the costs herein incurred. Stipulation filed and made part of this decree. Said Stipulation is in words and figures as follows, to wit: * * (The stipulation is then set out in full as a part of the decree.)

Thereafter, and on September 16, 1964, the decree was, upon stipulation of the parties, modified by the following order.

“Stipulation for Modification of Judgment and Decree filed and pursuant thereto judgment and decree of June 28, 1957 amended as follows:
“Plaintiff permitted to take the minor children of the parties, Lawrence Neil [626]*626McCullough, III, and Carol Adams McCullough to the vicinity of Wilmette, Illinois, and there to have said children in her custody and under her control subject to the visitation and temporary custody rights granted to defendant in the decree of this Court entered in this cause June 28, 1957.”

On October 30, 1964, plaintiff filed the present motion to modify. In said motion, plaintiff sought an increase in child support to $300 per month for each child, for costs and a reasonable attorney’s fee for the prosecution of said action. The grounds alleged were: (1) substantial increase in the cost of living since the date of the original decree; (2) increase in the necessary expenditures for food, clothing, educational needs and social activities since the date of the original decree; (3) improvement in defendant’s financial condition.

At the time of the hearing, plaintiff was residing with the two children at Wilmette, Illinois. Her son, Lawrence Neil McCullough, III, was eight years old at the time of the divorce, and sixteen years of age at the time of the hearing, (March 3, 1965). The daughter, Carol, was four years old when the divorce was granted, and eleven years of age at the time of the hearing. The son attends high school and the daughter is in the sixth grade. No evidence was offered as to how much was needed for the support of each child as of the time of the divorce, nor was there any evidence adduced to show the total amount needed for their support at the time of the hearing. However, plaintiff testified that the expense for the support of the children had increased since the divorce. In her testimony, she stated the monthly increase was as follows:

For son, Lawrence:

Cost of living-$ 15.00

Food- 25.00

Clothing - 15.00

Books- 10.00

School supplies such as gym outfits “and everything that is required for high school boys at this age, his bus fare, lunch and allowance”-$ 35.00

(Plaintiff stated that at the time of the divorce, they lived a block from school, and for that reason there was no bus fare, and no lunch money to be provided for the reason he came home for lunch. She also stated his allowance at the time of the divorce was less than at present.)

Additional insurance beginning June 1, 1965 when son starts

driving automobile- 12.50

Music lessons - 7.50

Guitar lessons- 10.00

Total monthly increase for Lawrence-$130.00

For daughter, Carol:

Food - 25.00

Lunches and allowance including Girl Scouts and Club- 15.00

Books and supplies- 5.00

Eye glasses, dental bills and Social activities- 25.00

Total monthly increase for Carol-$100.00

[627]

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

Related

Palmer v. Palmer
467 S.W.2d 303 (Missouri Court of Appeals, 1971)
Smolly v. Hoffman
458 S.W.2d 579 (Missouri Court of Appeals, 1970)
Jenkins v. Jenkins
453 S.W.2d 619 (Missouri Court of Appeals, 1970)
McCann v. McCann
448 S.W.2d 323 (Missouri Court of Appeals, 1969)
Houston v. Snyder
440 S.W.2d 156 (Missouri Court of Appeals, 1969)
Knauss v. Knauss
425 S.W.2d 713 (Missouri Court of Appeals, 1968)
Hunter v. Schwertfeger
407 S.W.2d 606 (Missouri Court of Appeals, 1966)

Cite This Page — Counsel Stack

Bluebook (online)
402 S.W.2d 623, 1966 Mo. App. LEXIS 651, Counsel Stack Legal Research, https://law.counselstack.com/opinion/mccullough-v-mccullough-moctapp-1966.