State v. Hall

867 S.W.2d 251, 1993 Mo. App. LEXIS 1943, 1993 WL 512909
CourtMissouri Court of Appeals
DecidedDecember 14, 1993
DocketNo. WD 47239
StatusPublished
Cited by4 cases

This text of 867 S.W.2d 251 (State v. Hall) 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
State v. Hall, 867 S.W.2d 251, 1993 Mo. App. LEXIS 1943, 1993 WL 512909 (Mo. Ct. App. 1993).

Opinion

SMART, Judge.

This case arises from an action for declaration of paternity, an order of child support and reimbursement of state support paid. Ronnie Joe Hall appeals from the trial court’s order requiring Hall to pay child support in the amount of $384.00 per month and requiring Hall to reimburse the State of Missouri for money paid to Connie Sheets for the support of her minor son.

On June 29, 1990, the State of Missouri, assignee, and Connie L. Sheets, individually, [253]*253and as next friend of the minor child Kevin M. Sheets (“respondents”) filed their combined petitions for declaration of paternity-under the Uniform Parentage Act (§§ 210.-817-.852, RSMo 1987) for an order of child support and for recovery of necessary support provided for the minor child.

At trial, the state presented evidence of blood test results, income tax returns and testimony from both Connie Sheets and appellant. The child was born May 1, 1987. The blood tests established the probability of paternity at 99.45%. Ms. Sheets testified that she had received public assistance from the State of Missouri beginning in June 1987. She received Aid to Families with Dependent Children (“AFDC”) payments in the amount of $226.00 per month from June 1987 to September 1991, which were later increased to $234.00 per month until October 1991. She testified that she used the funds received to support both her son and herself, since she was -unemployed during this time period. In October 1991, she began working for the Division of Family Services (“DFS”) as a caseworker. For the past three years and five months prior to trial, appellant had worked as a car salesman at Galen Boyer Motors.

After considering the evidence presented, the trial judge entered his order finding that appellant was the biological father of the minor child and requiring appellant to pay $384.00 per month in child support and $7,512.00 for reimbursement to the State for payments made for support of the minor child. Appellant appeals from that portion of the trial court’s order requiring him to reimburse the State and to pay prospective child support. Paternity is not an issue in this appeal. Appellate review of this court-tried case is governed by Murphy v. Carron, 536 S.W.2d 30, 32 (Mo. banc 1976), and the judgment must be affirmed unless it is clearly against the weight of the evidence or it erroneously declares or applies the law.

Reimbursement of State Support Provided

Appellant contends that the trial court erred in finding that $7,512.00 provided by DFS to Respondent Sheets was entirely expended for the necessary support of the minor child because the court failed to apply or improperly construed and applied § 210.-828(2) and § 210.841(4) and (5). The state claims that although the petition contains the term “necessary support,” Count III is not seeking reimbursement for “necessary support” under the UPA, but is seeking reimbursement of “state debt” under § 454.465, RSMo 1986. The “state debt” is comprised of the total amount of monetary benefits furnished through AFDC payments provided to Respondent Sheets for support of the minor child. The state concedes that the petition’s caption does not correctly state the cause of action for count III. Nevertheless, citing Scantlin v. City of Pevely, 741 S.W.2d 48, 50 (Mo.App.1987), the state claims that this court must look to the facts set forth in the petition and the relief sought to determine their theory of recovery rather than the form of the petition.

The caption atop respondents’ petition reads as follows: “COMBINED PETITION FOR DECLARATION OF PATERNITY UNDER THE MISSOURI UNIFORM PARENTAGE ACT FOR AN ORDER OF SUPPORT AND FOR RECOVERY OF NECESSARY SUPPORT PROVIDED.” The first paragraph in respondents’ petition specifically states that the action was commenced under the Uniform Parentage Act, § 210.817 et seq., RSMo 1987. In Count III of the petition, respondents specifically incorporate the allegations of Count I, including paragraph 1, and request judgment for “reimbursement of necessary support” of the minor child, a key phrase found in the UPA. This action was clearly brought under the UPA allowing recovery for necessary expenses for support of a minor child and did not constitute an action for reimbursement of state debt under § 454.465. Neither the term “state debt” nor any reference to § 454.465 appear in respondents’ petition. Scantlin, the case relied upon by respondents, involved a petition seeking damages for nuisance. The petition, which pleaded alternative theories of temporary and permanent nuisance, was ambiguous. It was held that the trial court could properly treat the action as one for a temporary nuisance. 741 S.W.2d at 50. Here, there is simply no way [254]*254to construe the petition as including a claim under § 454.465. The petition is not ambiguous. Although a certain degree of flexibility is allowed in pleading a cause of action, a party cannot completely stray from a specifically pleaded statutory theory of recovery and claim that the theory intended was an altogether different statutory theory.

In an action for reimbursement of necessary support, movant has the burden of proving the actual amounts of necessary expenses incurred for the support of the child. AV. v. G.V., 726 S.W.2d 782 (Mo.App.1987). Respondents failed to present evidence of the actual necessary expenses of caring for the child for the five years since his birth. Instead, respondents approached the trial of the ease as they would if they had pleaded a cause of action for recovery of state debt under § 454.465. Appellant Hall, on the other hand, approached the case as it was pleaded. Appellant apparently did not realize until part way through the hearing that respondents were trying the case as a “state debt” case. Even after the close of the evidence, appellant was maintaining that the respondents had no right to rely upon a “state debt” theory. Consequently, it cannot be said that the issues under § 454.465 were tried by consent.

Respondent Sheets failed to show with particularity the actual necessary expenses incurred in support of the minor child. She testified almost exclusively to current household expenses and child care expenses, never specifically enumerating the expenses incurred in the past. Her pre-trial interrogatory answer, which was received in evidence as an admission, showed itemized monthly expenses totalling $128.15 for telephone, lights, gas, water, and trash. Although the interrogatory clearly asked for “expenses,” the interrogatory was answered as though it were addressing only utilities, since nothing was included for groceries, rent, or other normal expenses. The trial court, and this court, could reasonably believe that the interrogatory was misunderstood as asking for utility expenses, rather than all expenses.

The trial court ordered appellant to reimburse the state for the entire amount of the AFDC payments. Little evidence was introduced on the minor child’s expenses and the evidence clearly showed that, for the entire time she received AFDC, Ms. Sheets was attending school rather than working, and using the AFDC money to support herself as well as her son. In view of the fact that the funds were supporting both Ms.

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Related

State ex rel. Division of Family Services v. Summerford
75 S.W.3d 353 (Missouri Court of Appeals, 2002)
Clay v. Missouri Highway & Transportation Commission
951 S.W.2d 617 (Missouri Court of Appeals, 1997)
Division of Child Support Enforcement v. Estrada
916 S.W.2d 443 (Missouri Court of Appeals, 1996)

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Bluebook (online)
867 S.W.2d 251, 1993 Mo. App. LEXIS 1943, 1993 WL 512909, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-hall-moctapp-1993.