Stuart v. Ford

292 S.W.3d 508, 2009 Mo. App. LEXIS 1192, 2009 WL 2579355
CourtMissouri Court of Appeals
DecidedAugust 21, 2009
DocketSD 29394
StatusPublished
Cited by29 cases

This text of 292 S.W.3d 508 (Stuart v. Ford) 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
Stuart v. Ford, 292 S.W.3d 508, 2009 Mo. App. LEXIS 1192, 2009 WL 2579355 (Mo. Ct. App. 2009).

Opinion

GARY W. LYNCH, Chief Judge.

Mark Shawn Ford (“Father”) appeals the Judgment of Modification and Contempt and the Commitment Order pursuant to that judgment entered by the trial court in favor of his ex-wife Angelika Ella Ford (now Stuart) (“Mother”). Finding no merit in Father’s points, this Court affirms.

Factual and Procedural Background

Mother and Father’s marriage was. dissolved by decree dated October 16, 1997, and amended on January 7, 1998. Mother was awarded “sole legal and physical custody” of the parties’ two minor children. Pertinent to the issues raised on appeal, Father was ordered to pay to Mother $623 per month for child support, and Mother was awarded, as her share of the marital property, a $21,000 interest-accruing judgment against Father.

In 1999, Father filed a motion to modify custody and child support provisions of the dissolution decree, and the parties have been in court ever since. In September 2001, the State of Missouri’s Department of Social Services moved to intervene to protect its rights as an assignee of Moth *512 er’s child support payments. 1

Father amended his motion to modify on March 20, 2006, to include a request for retroactive modification or, alternatively, abatement of child support obligations. Three days later, Mother amended her cross-motion to modify and renewed her request for findings of contempt and, in a separate motion, requested an award of attorney fees against Father. Trial was held on July 20, 2006, following which the case was “held open” for proposed judgments, arguments, and briefs.

Over two years later, on August 29, 2008, the trial court issued its Judgment of Modification and Contempt (“Judgment”), awarding the parties custody and visitation in accordance with the parties’ stipulation presented at trial, which was limited only to those issues. In addition, the trial court awarded Mother attorney fees and costs in the amount of $20,000.

In the contempt portion of the Judgment, the trial court specifically found, among other findings, that:

The Court further finds that it has made the following orders on the following dates and that [Father] has willfully and intentionally refused to comply with said orders even though he had the ability to do so:
• January 7, 1998, this Court entered its Amended Judgment ordering [Father], Mark Ford, to pay to [Mother] Angeli-ka (Ford) Stuart the sum of $21,000.00 for her interest in the marital property and that same shall bear interest at the statutory rate from the date of entry until satisfied.
• January 7, 1998, this Court entered its Amended Judgment ordering [Father], Mark Ford, to pay child support in the amount of $623.00, per month commencing November 1, 1997, to the clerk of the Circuit Court of Howell County as Trustee for the minor children.
• July 10, 1998, this Court ordered [Father] to pay to [Mother’s] attorney, Steven Privette, attorney fees of $500.00 for various contemptuous behaviors on the part of [Father] which had been tried to the Court.
• December 4, 1998, this Court ordered [Father] to pay to [Mother’s] attorney, Steven Privette, additional attorney fees of $500.00 for various contemptuous behaviors on the part of [Father] which had been tried to the Court.
• March 1,1999, this Court ordered [Father] to pay to [Mother’s] attorney, Steven Privette, additional attorney fees of $500.00 for various contemptuous behaviors.

The trial court proceeded to hold Father in contempt for this conduct and ordered that Father could:

purge himself of contempt by:

• remitting the $21,000.00, plus interest calculated at the statutory rate from January 7,1998, until paid to the Howell County Circuit Clerk’s office for distribution to [Mother];
• remitting the arrearage amount of $44,128.95 (as of September, 2006) in child support to the Howell County Circuit Clerk’s office;
*513 • remitting $1,500.00 in attorney fees directly to [Mother’s] attorney, Steven Privette; and
• remitting $20,000.00 in additional attorney fees directly to [Mother’s] attorney, Steven Privette.

Further, the trial court ordered that Father

be committed to the custody of the Sher-riff of Howell County until he has purged himself of this contempt by payment of the sums set forth above in full, or files a payment plan, approved by the [Mother] and [Mother’s] attorney, with the Court, or submitted a plan for repayment of all said amounts which is approved by this Court.

Finally, the trial court stayed this order, referring to it as an “Order of Commitment,” “until October 3, 2008, at 1:00 p.m. in order to allow [Father] time to purge himself of his contempt as set out above.”

October 3, 2008, passed without Father .purging his contempt. Five days later, the trial court executed a written “Commitment Order,” which was filed on October 14, 2008. After reciting the purge provisions contained in the Judgment, the Commitment Order found that the judgment of contempt “was stayed until October 3, 2008, at 1:00 p.m. in order to allow [Father] to purge himself of his contempt.” The order recites that, according to the Howell County Circuit Clerk, “[Father] has neither remitted the ordered sums nor submitted a payment plan of any kind to the Court and this Court has not received any such plan.” The commitment ordered “[Father] committed to the Howell County, Missouri, Jail until such time as he may comply with the Court’s orders previously entered herein and as recited above[,]” and ordered the Sherriff of Howell County “to take [Father] into custody wherever he may be found.”

Father appeals, bringing three points challenging four trial court rulings or actions. His first and second points are directed toward the contempt portion of the Judgment and the Commitment Order, while his third point is directed toward the trial court’s denial of his request for abatement of child support, pursuant to section 452.340.7. 2 Father’s points will be addressed in the order presented, and additional facts will be elicited as necessary to address each point.

Discussion

I. Judgment of Contempt and Commitment Order

A. Standard of Review

“‘Civil contempt is intended to benefit a party for whom an order, judgment or decree was entered.’ ” Garner v. Hubbs, 17 S.W.3d 922, 929 (Mo.App.2000) (quoting State ex rel. Chassaing v. Mum mert, 887 S.W.2d 573, 578 (Mo. banc 1994)). “ ‘Its purpose is to coerce compliance with the relief granted.’ ” Id.

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Cite This Page — Counsel Stack

Bluebook (online)
292 S.W.3d 508, 2009 Mo. App. LEXIS 1192, 2009 WL 2579355, Counsel Stack Legal Research, https://law.counselstack.com/opinion/stuart-v-ford-moctapp-2009.