Handdown Date: Tuesday, January 02, 2007
Bond Required on Motion to Modify Parenting Plan
When a motion to modify a child custody decree is filed by a parent who is in arrears in child support in excess of $10,000, Section 452.455.4 RSMo requires the posting of a bond in an amount equal to the support arrearage. Father's motion to modify various provisions of the parenting plan amounted to a motion to modify a child custody decree and the posting of a bond was required. Trial court did not err in dismissing that part of Father's motion to modify when he refused to post the required bond; the court did err in dismissing other portions of the motion seeking a modification of support, a judgment for unreimbursed medical expenses and for attorney fees. Father's challenge to the constitutionality of Section 452.455.4 on equal protection grounds was not preserved for review.
David E. Miller II, Appellant, v. Andrea N. Miller, Respondent, No. WD66131 (Jan 02, 2007).
Handdown Date: Tuesday, December 26, 2006
Maintenance Award Reversed
The trial court's award of maintenance was based on insufficient evidence since Wife's testimony was in contradiction with her statement of income and expenses. The portion of the judgment awarding maintenance is reversed. Since the maintenance award is reversed, Husband's complaint that court's Form 14 presumed child support calculation erroneously omitted Husband's maintenance obligation is denied and the child support award is affirmed.
Gary Steven Kays, Appellant v. Deborah Clauss Kays, Respondent, No. ED87043 (Dec 26, 2006).
Handdown Date: Tuesday, December 19, 2006
Court Erred in Split of Dependent Deduction for Child
In modifying the child support award, the trial court erred in using the incorrect basic child support obligation amount. The trial court further erred in permitting Father to claim the minor child as a dependent for income tax purposes during even-numbered years where the trial court did not rebut the presumed child support amount with an express finding that the amount was unjust or inappropriate.
Jennifer Vaughn, Appellant v. Gary Bowman, Respondent, No. ED87361 (Dec 19, 2006).
Relocation Denied
The trial court's determination that relocation would not be in the best interest of the minor child was supported by the evidence and was not against the weight of the evidence. Evidence that current custody arrangement worked well, Child saw her grandparents on a regular basis, did well in school, and was involved in activities and had friends, supported Trial Court finding that relocation, for Mother's fiancé to look for a new job, was not in Child's best interest.
Jennifer Vaughn, Appellant v. Gary Bowman, Respondent, No. ED87361 (Dec 19, 2006).
Handdown Date: Tuesday, December 12, 2006
Father Entitled to Credit for Social Security Benefits Paid to Child on Stepfather's Account
On Mother's appeal of trial court's order terminating disabled Father's child support obligation due to social security benefits received by daughter, HELD: The trial court did not err in crediting father with social security benefits. This is so even though child does not actually receive social security benefits on Father's account because she already receives a greater amount of social security benefits as the result of her stepfather's disability. However, the trial court did err in terminating father's child support obligation instead of reducing the obligation to zero based on a credit for social security benefits. We modify the judgment to reflect a reduction of the obligation to zero.
Handdown Date: Friday, December 08, 2006
Court Required to Distribute Tax Debt
Circuit Court's judgment that Parents' tax liability was "a joint obligation . . . , and that the tax liability is a direct consequence of parties' decision made in 1993 and 1994 and each following year" and listed it as "an '[u]nknown' value on both parties' debt schedules," was not final because it did not distribute the debt. Case remanded as to division of liability.
Legal Residence Does Not Determine Home State Jurisdiction
Where Child actually lived with a parent, not Child's legal residence, determines home state jurisdiction under the Uniform Child Custody Jurisdiction Act. When Missouri is not home state, Circuit Court has no subject matter jurisdiction over issues of custody and related issues like child support. Dismissed as to custody and related issues.
Handdown Date: Monday, December 04, 2006
Parenting Plan Must Address School Holidays And Birthdays
Record supports Trial Court's order for anger management, and order is sufficiently specific to enforce. Trial Court did not stop Father from participating during in-chambers interview, and Child's statements in that procedure support custody order. Trial Court erred by issuing parenting plan that failed to address custody on Child's birthday and school holidays, requiring remand.
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