Court of Appeals of Missouri, Western District, First Division
John F. WARKENTHIEN, Appellant,
FAMILY SUPPORT DIVISION, DEPARTMENT OF SOCIAL SERVICES, State of Missouri, Respondent.
for Rehearing and/or Transfer to Supreme Court Denied October
Application for Transfer Denied November 19, 2019
from the Circuit Court of Cole County, Missouri, The
Honorable Jon E. Beetem, Judge
Edwin Roussin, Clayton, MO, for appellant.
O. Addadi, Kansas City, MO, for respondent.
Division One: Cynthia L. Martin, Presiding Judge, Victor C.
Howard, Judge and Alok Ahuja, Judge
L. Martin, Judge
F. Warkenthien ("Father") appeals from a
determination entered by the Director ("Director")
of the Family Support Division ("FSD") of the
Missouri Department of Social Services that affirmed the
FSDs certification to the United States Department of State
("Department of State") that Father owed an
arrearage of child support in an amount exceeding $2,500.
Finding no error, we affirm.
Factual and Procedural Background
and Kimberly A. Warkenthien ("Mother") were married
in 1982. Three children were born of the marriage. In 2007,
the marriage between Father and Mother was dissolved. At that
time, a judgment was entered ordering Father to pay child
support in the amount of $1,000.00 per month, health
insurance, and spousal maintenance to Mother. The original
dissolution judgment also ordered Father to pay 75% of each
childs college expenses as defined by Missouri statute. In
2014, a modification judgment ("Modification
Judgment") was entered finding that Father owed $59,807
in unpaid spousal
maintenance; $2,000 in unpaid monthly child support; and
$9,750 for Fathers share of post-secondary educational
expenses for the children, all of whom were by then
January 16, 2015, the FSD certified to the Department of
State that Father owed an arrearage of child support in
excess of $2,500. On October 11, 2017, Father was informed
that his application to renew his passport had been denied
because he owed an arrearage of child support exceeding
$2,500. On November 7, 2017, Father requested a hearing to
challenge the FSDs certification to the Department of
State. On December 14, 2017, a hearing was
held pursuant to sections 454.511 and 454.475. On January
18, 2018, the Director of the FSD affirmed the agencys
February 15, 2018, Father timely requested judicial review as
provided under section 536.100. On December 26, 2018, the
Cole County Circuit ...