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Ricklefs v. Ricklefs3/20/2001
Appeal From: Circuit Court of Jackson County, Hon. W. Stephen Nixon, Judge
Spinden, C.J., and Newton, J., concur.
Robert L. Ricklefs appeals the judgment of the Circuit Court of Jackson County dissolving his marriage to the respondent, Mary J. Ricklefs, awarding prospective and retroactive child support; awarding support for post-secondary educational expenses; and dividing the parties' marital and non-marital property.
The appellant raises six points on appeal. In Points I-III, he claims that the trial court erred in awarding prospective child support for three children of $977 per month, beginning in January 2000, because in making its award it incorrectly calculated the requisite presumed child support amount (PCSA) pursuant to Missouri Civil Procedure Form No. 14 (Form 14). In Point IV, he claims that the trial court erred in awarding $7,190 in retroactive child support because the award was not supported by substantial evidence and the required record was not made by the court as to its calculation of the arrearage. In Point V, he claims that the trial court erred in ordering him to pay 60% of each child's post-secondary educational expenses because in doing so, the court failed to consider, as required, his ability to pay such an award and the actual educational expenses of the children. In Point VI, he claims that the trial court erred in entering its judgment because, pursuant to section 452.330.6, a full legal description of any real property awarded in a dissolution proceeding must be included in the judgment in that the court awarded the appellant the real property located at 6008 Laurel, Raytown, Missouri, but did not include in its judgment entry the legal description thereof.
We affirm in part, and reverse and remand in part.
Facts
On February 14, 1976, the parties were married in St. Joseph, Buchanan County, Missouri. There were four children born of the marriage: Joseph R. Ricklefs, born June 1, 1979, who was emancipated at the time of trial; Justin S. Ricklefs, born April 23, 1983; John V. Ricklefs, born July 13, 1987; and Jenessa M. Ricklefs, born June 20, 1989.
During the course of the marriage, except for a brief six-month period of time, the respondent worked full time in health care. She provided the primary financial support for the family from 1978 through 1990. The appellant was employed at the time of marriage at a chemical company, but quit sometime in 1978 or 1979 to pursue a career as a professional musician. He subsequently attended college and received a bachelor's degree. He then attended law school, received his degree, was licensed, and began practicing in 1987. At the time of trial, the appellant worked as a sole practitioner, sharing office space with several other lawyers. His practice consisted of mainly personal injury , workers' compensation , and bankruptcy cases.
In June of 1997, the parties separated. On July 7, 1997, the appellant filed a petition for dissolution of marriage in the Circuit Court of Jackson County, Missouri. The respondent filed her answer and counter-petition on July 24, 1997. Both parties requested, inter alia, that the court dissolve the marriage, award custody of the children, and divide the parties' property and debts. The respondent waived any claim to maintenance.
After the separation, the children remained in the custody of the respondent. The appellant exercised some visitation with them during the pendency of the dissolution. From July of 1997 through October of 1998, the appellant paid child support to the respondent in the amount of $840 per month. Thereafter, he reduced it to $620 a month from November of 1998 through the
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