Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

Selleck v. Selleck

Court of Appeals of Missouri, Eastern District, First Division

September 19, 2017

CATHERINE SELLECK, Respondent,
v.
CLAY SELLECK, Appellant.

         Appeal from the Circuit Court of St. Charles Count Honorable Terry R. Cundiff

          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. Father 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 wras 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 ...


Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.