DocketNumber: ED 104179
Citation Numbers: 545 S.W.3d 895
Judges: Gaertner, Introduction
Filed Date: 2/27/2018
Status: Precedential
Modified Date: 1/21/2022
Casey D. Richardson (Father) appeals from the trial court's judgment awarding child support to Jennifer R. Richardson (Mother). On appeal, Father challenges the amount of the child support award. We affirm.
Facts and Background
Mother and Father have two children together: G.D.R., born 4/10/2006, and A.R.R., born 1/18/2011. Mother and Father married in 2010, and Father filed for dissolution in 2014. After a trial, the trial court entered a judgment dissolving the marriage.
As relevant to the issue raised on appeal, the trial court granted Mother and Father joint legal and physical custody of the two children, with a 50/50 physical custody arrangement of alternating weeks. In calculating its own Form 14, the trial court found that Father's gross monthly income was $3,566, based on his 2015 annual income; and that Mother's gross monthly income was $1,378. Father paid health insurance costs of $160 per month for the children, and both parties paid day care costs of $180 per month on behalf of A.R.R. Neither parent challenges these numbers on appeal. Because Mother's gross monthly income was less than $1,700, the trial court found Father was not entitled to a Line 11 visitation adjustment despite having equal custody. Using these numbers, the trial court calculated a presumed child support amount of $868 per month for two children. The trial court, however, found this amount to be unjust and inappropriate, and it reduced Father's child support obligation to $850 per month. This appeal follows.
Discussion
In his sole point on appeal, Father argues the trial court misapplied the law in its calculation of child support by refusing to apply a visitation adjustment in calculating its Form 14, in that Section 452.340.11
Under our standard of review, we will affirm the trial court's award of child support unless it is not supported by substantial evidence, it is against the weight of the evidence, or it erroneously declares or applies the law. Thorp v. Thorp,
In determining the appropriate amount of child support, the trial court must follow a two-step procedure. Neal v. Neal,
*897Section 452.340.8; Rule 88.01; Neal,
Application of Rule 88.01 and the Form 14 directions are "mandatory." Neal,
Nevertheless, the Form 14, Line 11 directions also set out a caveat, providing "an adjustment on line 11 shall not be allowed unless the adjusted monthly gross income of the parent entitled to receive support ... exceeds the amounts set forth in the table below. " Form 14, Line 11, CAVEAT (underlining added). The table sets the minimum income for two children as $1,700.
Although Mother and Father here have 50/50 custody, which would entitle Father to at least a 10% visitation adjustment under the Form 14 directions, because Mother's income is below the minimum threshold of $1,700 per year, the caveat to the Form 14 directions explicitly disallows the adjustment. See Form 14, Line 11, DIRECTIONS and CAVEAT; see also In re Marriage of Adams,
Point denied.
Conclusion
The judgment of the trial court is affirmed.
Robert M. Clayton III, J., concurs.
Angela T. Quigless, J., concurs.
All statutory references are to RSMo. (cum. supp. 2011), unless otherwise indicated.
All rule references are to Mo. R. Civ. P. (2016), unless otherwise indicated.
The trial court then found the presumed correct child support amount to be unjust and inappropriate and reduced the amount from $868 per month to $850 per month. Father does not challenge this aspect of the trial court's judgment, and thus we do not address it in our analysis.
We are not convinced by Father's argument that Section 452.340.11 supersedes the Form 14 directions, and thus the trial court here was not prohibited from applying the visitation adjustment despite Mother's income. Section 452.340.11 allows a trial court the discretion to award a visitation adjustment of up to 50% when the parents have equal custody. See Section 452.340.11 (court "may" award child support in amount that provides up to 50% adjustment below basic child support amount authorized by child support guidelines described under subsection 8 of this section). The discretionary language contained in Section 452.340.11 does not prevail over mandatory language contained in Section 452.340.8 and the Form 14 directions.