KAREN KING MITCHELL, Judge.
Christopher L. Moore (Father) appeals the trial court's judgment modifying custody and child support. He claims that the trial court erred in awarding sole physical custody of the parties' minor child to Amanda Thomas (Mother) because the record failed to support the trial court's finding that the modification was in the child's best interests. Father further claims that the trial court erred in ordering him to pay child support in the amount of $432.00 because the trial court's calculation of Mother's gross monthly income was not supported by substantial evidence. We affirm the judgment of the trial court, as amended by this opinion, and remand for determination of whether the presumed child support amount, as amended, was rebutted by the evidence presented at trial as being unjust or inappropriate.
Mother and Father became romantically involved in 2004, and a son (Child) was born of the relationship on May 19, 2006. The parties never married, and in September 2011, near the end of their relationship, they obtained a judgment of paternity, custody, and support (original judgment), in which the trial court incorporated their agreed-upon custodial arrangement,
Pursuant to the terms of the original judgment, the parties, who owned a home together at the time, agreed that Child would remain in the home and that they would take turns living there during their weeks of custody. Despite this initial agreement and the original judgment, the parties did not comply with the custodial schedule, and both Mother and Father moved out of the home shortly after the original judgment was entered. Mother filed her motion to modify the original judgment on April 10, 2012, seeking sole legal and physical custody of Child, as well as child support. Although Father spent some time with Child between September 2011 and April 2012, it was not until April, at approximately the same time that Mother filed her motion to modify, that Father decided to begin regularly exercising his alternating weeks of custody.
Between September 2011 and April 2012, Father had at least three different jobs and several periods of unemployment. Father testified that, during this time, it was "difficult" to have overnight visits and "next to impossible" to exercise his weekly custody rights. Father also testified that when the original judgment was entered, he "thought that it was in the best interest of [Child] ... for [Mother] to be able to get him up and have him go to school ... so [Child] stayed [with her]." Moreover, despite his claim that Mother denied him access to Child, the record reflects that Father made no attempt to enforce the original custody order until April 2012.
When the original judgment was entered, Mother was working part time at a restaurant. The following month, October 2011, Mother was hired at The Columbia Daily Tribune as a sales representative. At the time of the trial, Mother worked full time (8:00 a.m. to 5:00 p.m., Monday through Friday) at the Tribune and on Saturdays at the restaurant. Mother testified that, if Father paid his share of Child's expenses, she would no longer need to work at the restaurant.
In April 2011, Mother began taking Child to a childcare program, where a monthly payment was required to secure
The cost of childcare was approximately $250.00 per month, and the cost for health insurance was $229.64 per month. In total, Father paid for one month of childcare and reimbursed Mother $273.00 for other expenses.
Much of Mother and Father's trial testimony was directly conflicting. Conflicting testimony aside, it is abundantly clear that the parties have had constant and serious communication issues throughout their relationship, that their communication issues worsened after the motion to modify was filed, and that several incidents of conflict occurred in Child's presence. Moreover, due to the ongoing conflicts, both the police and the Children's Division became involved, and the Children's Division was still working with the parents at the time of trial. Communication between the parties was further complicated by Father frequently changing his phone number, going for periods of time without a working phone, and choosing not to have a working email account.
Regarding Child's extracurricular activities, Mother and Father did not agree on what he could participate in, who should purchase the required uniforms, or even whether the uniforms could be exchanged between them. This lack of agreement resulted in inconsistent attendance at extracurricular activities and duplicate uniform purchases. The parties also failed to agree on the specifics of Child's daily routine or his religious upbringing. Mother and Father did agree, however, that Child should remain at his current school, where he had recently been accepted into the gifted program. At the time of the trial, Mother lived in Child's school district, but Father did not.
In December 2012, the trial court issued a modified judgment, finding that there was a substantial and continuing change in circumstances and that a modification was necessary to serve Child's best interests. The trial court awarded Mother sole legal and physical custody of Child and designated Mother's residence as Child's address for mailing and educational purposes. The court granted Father the following visitation periods:
The modified judgment also provided that Mother and Father would alternate holidays.
Regarding the child support calculation, the trial court imputed income to Father in the amount of $1,733.00 per month based upon its finding that Father was capable of earning $10.00 per hour and working full time. The court found that Mother earned a monthly income of $2,222.00 at the Tribune and $821.00 at the restaurant. The trial court found that Mother's restaurant job would be unnecessary if Father paid his share of Child's expenses; therefore, the court did not include Mother's restaurant income in calculating her total monthly income. The trial court rejected both parties' Form 14s and, pursuant to its own calculation, the court ordered Father to pay $432.00 in monthly child support. Father now appeals.
We will affirm the trial court's judgment unless it is against the weight of the evidence, it is not supported by substantial evidence, or it erroneously declares or applies the law. Murphy v. Carron, 536 S.W.2d 30, 32 (Mo. banc 1976). In child custody cases, we give greater
Father raises two points on appeal. First, he claims that the trial court erred in awarding sole physical custody of Child to Mother because the award was not in Child's best interests. Second, he claims that the trial court erred in ordering him to pay $432.00 in child support because the trial court's calculation of Mother's monthly income was not supported by substantial evidence.
A modification of legal or physical custody "requires a substantial change in circumstances since the prior decree, of either the child or the child's custodian, and modification must be in the best interest of the child."
Father's first point claims only that the evidence failed to support the custody modification as being in Child's best interests. His point relied on does not challenge the trial court's finding of changed circumstances. Thus, despite Father's argument that Mother failed to demonstrate changed circumstances, we review only the issue raised in Father's point relied on.
Under the modified plan, Father has custody for alternating weekends throughout the year, every Wednesday evening, and three weeks during the summer. Therefore, despite the modification to the alternating weekly schedule ordered in the original judgment, he will maintain frequent and meaningful contact with Child. With this arrangement, Child will also remain in his current school district and have a consistent daily routine during the school week. There was no evidence that Mother is either an unfit parent or unable to provide appropriate care for Child. In fact, Father testified that, when the original judgment was entered, he did not exercise his rights to custody because, in part, he thought it was in Child's best interests to be with Mother.
For approximately six months after the initial judgment was entered, Father not only failed to exercise his rights to the alternating weeks of custody but also found it "difficult" and "next to impossible" to comply with the custody schedule when he was working. This is the same custody schedule that he now argues is in Child's best interests and should remain in effect. Between September 2011 and April 2012, Father had multiple jobs with varying work schedules, as well as several periods of unemployment. At the trial, Father was still unemployed (though he claimed to be seeking new employment). Mother, on the other hand, consistently worked full time at the Tribune and part time at the restaurant while she was Child's primary caretaker. When Mother could not care for Child because of work, she arranged for outside childcare.
In light of Father and Mother's history of conflict and lack of cooperation, it was reasonable for the trial court to modify the custody schedule so as to minimize the parents' need to cooperate. Although both parties must work on eliminating conflict with each other, especially in the presence of Child, they both demonstrated that they are able to care for Child. The trial court noted that it considered all of the statutory best interest factors, despite its failure to make detailed findings, and, under the circumstances, the trial court did not err in modifying custody.
While we find that the modification was in Child's best interests, we also note that "`[w]hen the court orders significant periods where the child is in the care
Point I denied.
In his second point, Father claims that the trial court erred in ordering him to pay $432.00 in child support in that the evidence failed to support the trial court's calculation of Mother's monthly income as $2,222.00. Father argues that the correct calculation of Mother's gross monthly income was $3,321.00 per month, consisting of $2,500.00 from the Tribune and $821.00 from her part-time employment at the restaurant.
"The trial court must follow a two-step procedure to determine the appropriate amount of child support." Roberts v. Roberts, 391 S.W.3d 921, 922 (Mo. App.W.D.2013). First, the trial court determines the presumed child support amount using the Form 14 calculation. Id.; see also Woolridge v. Woolridge, 915 S.W.2d 372, 378 (Mo.App.W.D.1996) ("The use of Form 14 in calculating child support is mandatory."). In making this determination, "the trial court can either accept one of the parties' Form 14 calculations or reject both parties' calculations and prepare its own Form 14 calculation." Roberts, 391 S.W.3d at 922. "The trial court can do its own Form 14 calculation by either completing a Form 14 worksheet and making it a part of the record, which we recommend as the most efficient and surest way of preserving the record, or by articulating on the record how it calculated [the] amount." Woolridge, 915 S.W.2d at 382. The required findings necessary for review on appeal may "be done by separate written findings, findings in the judgment entry, or by oral findings on the record." Id.
Id. at 379.
After calculating the presumed amount, the trial court must decide, after considering all relevant factors, whether to rebut the presumed amount as unjust or inappropriate. Roberts, 391 S.W.3d at 922-23. "Unlike a Form 14 calculation, there is no mandatory worksheet or formula to be used in determining whether a Form 14 amount is unjust or inappropriate," and a trial court may consider non-Form 14 factors in making this determination. Woolridge, 915 S.W.2d at 379 (noting that in addition to the statutory factors found in section 452.340.1, debt is an example of a possible non-Form 14 factor the court might consider).
As noted, this Court reviews the trial court's award and application of the two-step procedure according to the Murphy v. Carron standard of review, and we review the court's decision regarding whether the presumed amount should be rebutted as unjust or inappropriate for an abuse of discretion. Sieg v. Sieg, 255 S.W.3d 20, 23 (Mo.App.W.D.2008). "`We will not substitute our judgment for that of the trial court absent a manifest abuse of discretion and will not disturb an award of child support unless the evidence is "palpably insufficient" to support it.'" Luckeroth v. Weng, 53 S.W.3d 603, 606 (Mo.App.W.D. 2001) (quoting Thill v. Thill, 26 S.W.3d 199, 207 (Mo.App.W.D.2000)).
Father's sole challenge to the trial court's child support award is directed at the calculation of Mother's monthly gross income. Father claims that Mother's monthly income from the Tribune is $2,500.00, not $2,222.00 as found by the trial court. Father also claims that the trial court erred by not including the $821.00 Mother earns from her part-time job in its calculation.
Here, the trial court rejected both parties' Form 14s. The trial court did not prepare its own Form 14, but in the judgment, the court determined the monthly income for both parties — $2,222.00
Regarding Mother's income from her job at the Tribune, she first testified that her gross monthly income was "approximately $2077.56." On cross-examination, however, Mother acknowledged that, on her income statement filed with the court, she stated that she earns $2,500.00 in gross monthly income at the Tribune and $2,077.56 was listed as her net, or take-home pay. Based on Mother's testimony and the evidence submitted, we find that the trial court erred in finding that Mother earns $2,222.00 in gross monthly income at the Tribune, as that amount is not supported by substantial evidence and is against the weight of the evidence. The evidence, instead, supports a finding that Mother's gross monthly income at the Tribune was $2,500.00.
In addition to her full-time job, Mother worked part time at a restaurant to supplement her income.
Although we find the trial court's calculation of the amount of Mother's monthly gross income from her job at the Tribune to be in error, Rule 84.14 allows this Court to enter the judgment that should have been entered "in circumstances that indicate there is no further need for proceedings in the circuit court." DeBaliviere Place Ass'n v. Veal, 337 S.W.3d 670, 679 (Mo. banc 2011). As such, we amend the Form 14 calculation to reflect the appropriate amount of Mother's monthly gross income, $2,500.00, and we amend the judgment to reflect that the presumed child support amount is $410.00. Because of the
Point II is denied.
The trial court did not err in modifying child custody, and we amend the judgment to reflect that Mother and Father have joint physical custody of Child. The trial court also did not err in excluding Mother's income from her secondary employment at the restaurant in its calculation of her monthly gross income. The trial court erred, however, in its calculation of Mother's gross monthly income from her work at the Tribune. We therefore find that Mother's gross monthly income is $2,500.00, we amend the judgment to reflect this amount and that the presumed child support payment is now $410.00, and we remand to allow the trial court to determine whether the presumed correct child support amount of $410.00 is rebutted as being unjust or inappropriate. We affirm the judgment of the trial court in all other respects, as amended.
THOMAS H. NEWTON, Presiding Judge, and GARY D. WITT, Judge, concur.