Spencer v. Spencer

126 S.W.3d 770, 2004 Mo. App. LEXIS 94, 2004 WL 116001
CourtMissouri Court of Appeals
DecidedJanuary 27, 2004
DocketED 82432
StatusPublished
Cited by5 cases

This text of 126 S.W.3d 770 (Spencer v. Spencer) 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
Spencer v. Spencer, 126 S.W.3d 770, 2004 Mo. App. LEXIS 94, 2004 WL 116001 (Mo. Ct. App. 2004).

Opinion

GARY M. GAERTNER, SR., Presiding Judge.

Appellant, Ronald Spencer (“Father”), appeals the judgment of the Circuit Court of St. Louis County, following a hearing on respondent, Stacey Spencer’s (“Mother”), motions to modify the terms of the dissolution decree pertaining to college education costs and to determine amounts owed under the dissolution decree. We affirm.

Father and Mother married on December 12, 1981, and they had three children: Brandi, born November 29, 1977, Alexis, born June 22, 1983, and Kristen, born August 28, 1984. The marriage was dissolved on November 14, 1994. The decree included a settlement agreement and custody plan. Pursuant to the decree, Mother assumed primary physical custody of the three children, and Father was ordered to pay child support of $510 per month per child. The parties also agreed that they would evenly split the college costs of Brandi. As for the younger two children, the settlement agreement stated:

“No provisions are made at this time for Kristen and Alexis solely because neither party can speculate as to their re *772 spective future financial circumstances. This omission is not intended by the parties to exclude Kristen and Alexis from a college education. However, given their present ages, the parties agree it is unreasonable to set a predetermined arrangement for payment. Therefore, the parties shall meet (with counsel if they desire) during the month of June, of the year 2000 to reach an agreement as to modifying the child support and college education provisions of this agreement based upon the financial status of the parties at the time and other statutory considerations. Neither party shall be precluded, by this language, from seeking a court ordered modification if appropriate.”

At the time the dissolution decree was issued, Father worked for the Bussman Corporation and earned over $100,000 per year. Father retired in 2000. Upon his retirement, Alexis and Kristen began to receive monthly Social Security payments of $580. 1 Father filed a motion to modify child support, and the parties entered a consent judgment providing that Father’s child support payments for Alexis and Kristen would abate as long as the children received the Social Security benefits.

On August 17, 2001, Mother filed both a motion to modify the terms of the dissolution decree as it relates to the college education costs of Alexis and Kristen and a motion to determine amounts due and owing as to the educational costs of Brandi. Alexis started college at Truman State University in the Fall of 2001, and Kristen started college at Lindenwood University in the Fall of 2002.

On December 23, 2002, the trial court entered its judgment. The trial court held that Brandi did not comply with the notification requirements of Section 452.340.5 RSMo 2000, 2 so she was not eligible for continued support following her first semester of college. The trial court then granted Mother’s motion to modify and ordered Mother and Father to each pay one-half of the college costs for Alexis and Kristen. The trial court also sustained Mother’s motion to determine amounts due and owing. Father was ordered to: 1) pay $2,894.86 as his contribution toward the college costs of all three children through the date of trial, 2) pay $10,440 to satisfy unpaid child support for Alexis and Kristen through September, 2002, and 3) to pay $510 per month per child retroactive to the institution of Mother’s motion to modify. The trial court denied Mother’s request for a qualified medical child support order because Mother did not request it in her original motion.

We will refer to additional facts as necessary in the points on appeal.

We affirm the decision of the trial court unless the decision is not supported by substantial evidence, it is against the weight of the evidence, or it erroneously declares or applies the law. Murphy v. Carron, 536 S.W.2d 30, 32 (Mo. banc 1976). We will not substitute our judgment for that of the trial court on a motion to modify child support absent a manifest abuse of discretion. Carey v. Carey, 84 S.W.3d 469, 471 (Mo.App. E.D.2002). Further, on review of a motion to modify child support, we review the evidence and credibility of the witnesses in the light most favorable to the trial court’s decision. Id. at 471-72.

In his first point on appeal, Father argues the trial court erred in ordering *773 him to pay child support past the eighteenth birthdays of both Alexis and Kristen, because the statutory notice requirements of section 452.340 were not satisfied.

Section 452.340.5 provides, in pertinent part:

If when a child reaches age eighteen, the child is enrolled in and attending a secondary school program of instruction, the parental support obligation shall continue, if the child continues to attend and progresses toward completion of said program, until the child completes said program or reaches age twenty-one, whichever first occurs. If the child is enrolled in an institution of vocational or higher education not later than October first following graduation from a secondary school or completion of a graduation equivalence degree program and so long as the child enrolls for and completes at least twelve hours of credit each semester, not including the summer semester, at an institution of vocational or higher education and achieves grades sufficient to reenroll at such institution, the parental support obligation shall continue until the child completes his or her education, or until the child reaches the age of twenty-two, whichever first occurs. To remain eligible for such continued parental support, at the beginning of each semester the child shall submit to each parent a transcript or similar official document provided by the institution of vocational or higher education which includes the courses the child is enrolled in and has completed for each term, the grades and credits received for each such course, and an official document from the institution listing the courses which the child is enrolled in for the upcoming term and the number of credits for each such course.... Section 452.340.5. (Emphasis added.)-

This statute requires proof of continued eligibility for child support payments on a term-by-term or semester-by-semester basis. In Re Marriage of Kohring, 999 S.W.2d 228, 233 (Mo.1999). Eligibility for continued support payments during the first , semester may be established merely by proof of enrollment in an institution of higher education; it does not appear that the notice requirements apply for the first semester. Id.

In this case, father argues that there was not sufficient evidence that Alexis provided the documentation necessary to trigger the extended child support payments pursuant to section 452.340.5. We disagree.

We first note there was sufficient evidence and no dispute that Alexis was enrolled at Truman State University, an institution of higher education.

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Cite This Page — Counsel Stack

Bluebook (online)
126 S.W.3d 770, 2004 Mo. App. LEXIS 94, 2004 WL 116001, Counsel Stack Legal Research, https://law.counselstack.com/opinion/spencer-v-spencer-moctapp-2004.