Nagel v. Nagel

Missouri Court of Appeals

Nagel v. Nagel

561 S.W.2d 693, 1978 Mo. App. LEXIS 1961

CourtMissouri Court of Appeals

DecidedJanuary 17, 1978

DocketNo. 38910

StatusPublished

Cited by3 cases

This text of 561 S.W.2d 693 (Nagel v. Nagel) 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

Nagel v. Nagel, 561 S.W.2d 693, 1978 Mo. App. LEXIS 1961 (Mo. Ct. App. 1978).

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Opinion

CLEMENS, Presiding Judge.

Plaintiff-wife has appealed from a modification order in favor or defendant-husband wherein the trial court had reduced defendant’s monthly child support obligation by $200.

When the marriage was dissolved in December of 1975 it was agreed the husband’s monthly net income was $1,200, and the court had then awarded the wife $700 monthly child support. Two years later the husband moved to reduce the amount of [694]*694child support, his monthly income having fallen by $140, from $1,200 to $1,060. The trial court granted the husband’s motion by reducing his monthly child support obligation by $200, from $700 to $500. The wife has appealed, contending there was no evi-dentiary support for the reduction.

By § 452.370.1, VAMS, a child support decree may be modified “only upon a showing of changed circumstances so substantial and continuing as to make the terms unreasonable.” We have scanned the record and find the only changed circumstance is the husband’s $140 reduced monthly income. Only to that extent is the modification order supported by the evidence.

The modification order is remanded and the trial court is directed to amend its order, as of January 12,1977, by reducing the monthly child support allowance from $700 to $560.

SMITH and McMILLIAN, JJ., concur.

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CLEMENS, Presiding Judge.

Plaintiff-wife has appealed from a modification order in favor or defendant-husband wherein the trial court had reduced defendant’s monthly child support obligation by $200.

When the marriage was dissolved in December of 1975 it was agreed the husband’s monthly net income was $1,200, and the court had then awarded the wife $700 monthly child support. Two years later the husband moved to reduce the amount of [694]*694child support, his monthly income having fallen by $140, from $1,200 to $1,060. The trial court granted the husband’s motion by reducing his monthly child support obligation by $200, from $700 to $500. The wife has appealed, contending there was no evi-dentiary support for the reduction.

By § 452.370.1, VAMS, a child support decree may be modified “only upon a showing of changed circumstances so substantial and continuing as to make the terms unreasonable.” We have scanned the record and find the only changed circumstance is the husband’s $140 reduced monthly income. Only to that extent is the modification order supported by the evidence.

The modification order is remanded and the trial court is directed to amend its order, as of January 12,1977, by reducing the monthly child support allowance from $700 to $560.

SMITH and McMILLIAN, JJ., concur.

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Bluebook (online)

561 S.W.2d 693, 1978 Mo. App. LEXIS 1961, Counsel Stack Legal Research, https://law.counselstack.com/opinion/nagel-v-nagel-moctapp-1978.

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