Selleck v. Selleck

528 S.W.3d 471
CourtMissouri Court of Appeals
DecidedSeptember 19, 2017
DocketNo. ED 104878
StatusPublished

This text of 528 S.W.3d 471 (Selleck v. Selleck) 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
Selleck v. Selleck, 528 S.W.3d 471 (Mo. Ct. App. 2017).

Opinion

KURT S. ODENWALD, Judge

Introduction

Clay Selleck (“Father”) appeals from the motion court’s judgment increasing his monthly child-support obligation for his minor son (“Child”). Father’s sole point on appeal claims that the motion court erred in calculating his monthly child-support obligation because it failed to include gift money received by Catherine Selleck (“Mother”) in determining the parties’ respective incomes. Because the motion court did not abuse its discretion in calculating Mother’s income without including any gift money, we affirm.

Factual and Procedural History

Father and Mother married in May 2006, and Child was born of the marriage in 2007. Mother filed for divorce in March 2009. During the divorce proceedings, the parties entered into a settlement agreement pertaining to Child. Father and Mother agreed to share joint legal custody of Child, but Mother received physical custody and Father received limited visitation and parenting time. The parties also agreed that the presumed child-support award calculated under Form 14 was unjust and inappropriate because Mother, who was not employed at the time, was capable of employment. Father agreed to pay $300 per month in child-support starting in 2012. The trial court incorporated the settlement agreement into its dissolution decree.

In August 2014, Mother moved to modify the dissolution decree and to find Father in contempt, Mother sought sole legal and physical custody of Child as well as an increase in Father’s monthly child-support obligation. Mother alleged that, due to Child’s rising monthly costs and medical expenses, there was a substantial and continuing change of circumstance rendering the dissolution decree unreasonable. Father also moved to modify the dissolution decree, seeking an increase in custody, visitation, and a corresponding reduction in his child-support obligation. The parties settled the child-custody issue; Mother and Father retained joint legal custody, while Mother maintained physical custody. Father received increased custody time. The parties proceeded to a hearing on the child-support issue and the contempt motion.

At the hearing, Mother testified that she was employed by Francis Howell School District. Mother listed her gross monthly wages as $1347 and her net monthly wages as $1011. Mother stated that her average expected monthly expenses were $2827, and that she lived in an apartment with a monthly rent of $917.

In contrast, Father, claimed $2380 in gross monthly wages, $1719 in net monthly income, and $1700 in monthly expenses. [474]*474Father reasoned that, although he earned a greater -monthly income than Mother, Mother received substantial • gift money from her parents, allowing her to live a more luxurious lifestyle.

Mother acknowledged that she received gifts of money from her parents, and testified that she received “money here and there.” Mother further explained that her mother “helps to pay every once in a while, but it’s not a set amount every so many months. It’s not a set amount each year ... She—she helps with—not every month, but she does help here—here and there, yes.” Mother also explained that her father “helped out here and there.” Mother admitted that contributions from her parents allowed her to avoid accumulating significant debt during the motion-to-modify proceedings. No direct evidence was admitted regarding the amount or regularity of the gift money Mother received.

In its judgment, the motion court found that there was a substantial and continuing change of circumstances regarding Child that necessitated a modification of the initial child-support obligation. The motion court further found in favor of Mother, using Mother’s Form 14, which listed her total gross income as $1347, without including any additional amounts of gift’income. Father’s gross income was calculated at $2380. Mother’s‘Form 14 found that Father’s proportionate share of the parties’ combined adjusted income of $3727 was 63.86%. Based on child care expenses and support of $1094 per month, Father’s monthly share amounted to $699. Father received a monthly $72 credit for the nights Child stayed with Father. Thus, the motion court ordered Father to pay $627 per month.

The motion court incorporated and attached Mother’s completed Form 14 to the modification judgment. The motion court also found Father in contempt and awarded Mother a monetary award unrelated to Father’s monthly child-support obligation. The motion court subsequently amended its judgment, unrelated to the child-support award.1 This appeal follows.2

Point on Appeal

" In his sole point on appeal, Father argues that the motion court abused its discretion in increasing his monthly child-support obligation because the motion court failed to include gift money received by Mother in determining the parties’ respective incomes.

Discussion

1. Standard of Review

In determining the parties’ child-support obligations, the motion court has considerable discretion to include or exclude gift money in calculating the parties’ respective incomes. Fike v. Fike, 509 S.W.3d 787, 797, 800 (Mo. App. E.D. 2016); Word v. Peterson, 57 S.W.3d 894, 901 (Mo. App. W.D. 2001). Thus, we review the motion court’s ruling for an abuse of discre[475]*475tion. See Word, 57 S.W.3d at 901. “An abuse of discretion occurs when the trial court’s ruling is so arbitrary and -unreasonable as to shock the sense of justice and indicate a lack of careful consideration,” Goers v. Goers, 499 S.W.3d 777, 780 (Mo. App. E.D. 2016).

In considering the motion court’s determination, this Court views the evidence in the light most favorable to the ruling and defers to the motion court regarding its credibility determinations and assigning weight to witness testimony. Metzger v. Franklin, 496 S.W.3d 547, 549 (Mo. App. S.D. 2016); Aubuchon v. Hale, 453 S.W.3d 318, 324 (Mo. App. E.D. 2014). The motion court is in a unique position to weigh the credibility of the witnesses, as well as to observe their sincerity, character, and other trial intangibles, which the record may not reflect. See Panettiere v. Panettiere, 945 S.W.2d 533, 543 (Mo. App. W.D. 1997). Accordingly, the motion court “is free to believe or disbelieve all, part[,] or none of the testimony of any witness.” McDaniel v. McDaniel, 419 S.W.3d 828, 831 (Mo. App. S.D. 2013).

II. No Motion-Court Error

Modification of a child-support award is governed by Section 452.370,3 which requires a showing of changed circumstances so substantial and continuing as to make the original child-support obligation unreasonable. Goers, 499 S.W.3d at 780. The party seeking to modify the original child-support decree bears the burden of proof to show the substantial and continuing change of circumstances. Id.

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Bluebook (online)
528 S.W.3d 471, Counsel Stack Legal Research, https://law.counselstack.com/opinion/selleck-v-selleck-moctapp-2017.