View Citing Opinions. CourtListener is a project of Free Law Projecta federally-recognized c 3 non-profit. We rely on donations for our financial security. Donate Now. Forakeer Register. Filed: March 30th, Precedential Status: Precedential. Citations: S. Docket : WD, Judges: Hardwick, P.
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Allinder, Independence, MO, for appellant-respondent. Wife cross-appeals from both judgments, and the four appeals are consolidated in this proceeding. In her two points on appeal, Wife claims that the trial court erred in entering a nunc pro tunc order on May 30,and in ordering the child support award to be retroactive only to January 1, This court finds that there is a valid judgment ordering gor support retroactive to January 1,and there was no error in setting that date.
The court did err, however, in ordering Husband shemale escort brixton pay the pd child support amount in addition to two-thirds of the education, automobile, and medical expenses and in failing to specify the amount of credit Husband is to receive against the retroactive child support award. Accordingly, the judgment is affirmed, in part, and reversed, in part, and remanded for the trial court to establish persian escort canada amount of child support and forxker specify the lookking of credit Husband is to receive against the retroactive child support award.
When reviewing a judgment in a dissolution of marriage proceeding, an appellate court reviews the evidence in the womsn most favorable to the trial court's decision. Taylor v.
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Taylor, 12 S. Foraier evidence, in that light, is that Husband and Wife were married on June 26,and separated on October 19, They had two children during the marriage, Jenna, born November 14,and Kyla, born June 10, Both children were in college at the time of trial. During the marriage, Husband held administrative positions in school districts in the metropolitan area, and eventually became superintendent of the Raytown School District.
Wife worked as a teacher for the first three years of the marriage but quit her job after the parties' first child was born. They contributed the money from her retirement to the purchase nampa idaho dating and personals the parties' first marital home.
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After she left her job, Wife worked primarily as a homemaker and caretaker for the children, while Husband took care of the financial needs of the family. Wife returned to work as a teacher and school counselor in InWife received a phone call from a man who told her that Husband and his marriex, Beth Cook, were having an affair.
Cook worked for a time in the business office of the Raytown School District. Husband denied the affair. InWife was devastated when she found out that Husband was, in fact, involved in an affair with Ms. When Wife confronted Husband, he first denied the affair. When Wife did not believe him, he admitted being with Ms. Husband told Wife it was a one-time incident, that he was very sorry, and it would never happen again. Wife was willing to try to make the marriage work because she believed Husband's claim that it was "a one-time thing," and she thought that through counseling and "working hard together" they could save their marriage.
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The parties participated in counseling for about eight months. During this counseling, Wife learned that Husband's affair with Ms. Cook had gone on much longer than Husband had originally told her. Husband had been involved with Ms. Cook for approximately three years. As a result of the counseling, Husband got a cell phone so that Wife could reach him at all times and he provided her with his schedules, so that the parties could rebuild trust.
Eventually, the parties privately renewed their wedding vows. InWife learned that Husband was having another extramarital affair when he went away unexpectedly for lookign four-day weekend. He called her the evening he left and told her that he was with his aunt and uncle. During this call, he told her how much he loved her and pensacola independent japanese escort he wanted to make their marriage work.
The next day, she called the uncle and asked to speak to Husband, but he was not there.
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Aoman she next saw Husband, she told him that she believed he was having an affair, and loo,ing admitted this was true. The parties separated immediately. After the parties separated, Wife hired a private investigator, who discovered the name and address of the woman with whom Husband was having an affair. At some point, it was also discovered that East indian escort in cardiff had d his relationship with Ms.
Wife filed her petition for dissolution of marriage on October 31, Husband was allowed to file, out of time, a cross-petition for dissolution maried marriage. A trial was held on October 16,and was continued to November 27, The trial was postponed for a month for additional discovery due to Husband's failure to initially disclose a gor he had set up in latethe existence of the corporate bankthe existence of a personal bankand his income for The trial court entered its first dissolution judgment on November 26, In its judgment, the trial court awarded Husband and Wife t physical custody of the parties' children and named Wife the primary physical custodian.
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Earlier in its findings lolking facts, the trial court found Husband should pay child support retroactive to December 1, The trial court also ordered Wife to pay one-third and Husband to pay two-thirds of the children's college expenses. Further, the trial court ordered Husband to pay all of the maintenance, gas, and oil expenses for the children's cars, two-thirds of the children's sorority dues and fees, and two-thirds of the children's car insurance premium costs.
Finally, the trial court ordered Wife to maintain health insurance coverage for the children, but ordered Husband to pay two-thirds of any medical costs not covered by the insurance. The trial court denied Wife's request for maintenance, finding that Wife had "sufficient property, including marital property apportioned to her," and income to provide for her reasonable needs. Subsequently, both Wife and Husband filed motions requesting that the trial court amend its dissolution judgment.
On March 11,the trial court filed its amended judgment of dissolution of marriage. In its amended judgment, the trial court noted that the parties' eldest child, Jenna, was emancipated on November 14, This was prior to the entry of the court's original judgment of dissolution. As a result, the trial court amended its judgment to add a calculation of pd child support for only one. The trial court also amended the division of property provisions in the original decree to include additional marital property.
The values of three items of property awarded to Wife increased. The trial court also increased the award of marital property to Husband in its amended judgment entry. On March 20,Husband filed his first notice of appeal from the amended judgment of dissolution of marriage. On May 21,Wife filed a motion asking the trial court to correct its amended judgment.
Wife noted that there was an inconsistency in the judgment in that the trial court, in its escorts red deer alberta, awarded retroactive child support to January 1,but in its finding, stated that the child support should be retroactive to December 1, She requested that the court correct its judgment to make the order reflect its finding. In response, Husband claimed that the trial court could not correct this inconsistency because he had already filed his notice of appeal.
On May 31,Wife filed her notice of appeal from the amended judgment. On that same day, the trial court entered its second amended judgment of dissolution of marriage nunc pro tunc, in which it changed independent escort east redwood city date in its finding for retroactive child support from December 1,to January 1, In all other respects, the provisions of the second amended judgment nunc pro tunc remained unchanged from those of the amended judgment.
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Escorts espana June 11,Husband filed his notice of appeal from the second amended judgment nunc pro tunc, and, on July 3,Wife filed her notice of appeal. All of the appeals have been consolidated into this proceeding. On appeal of a dissolution proceeding, "[t]his court will review the judgment of the trial court under the standard of review applicable to any other court-tried lookinf. Eckhoff, 71 S. The judgment will be affirmed unless it is not supported by substantial evidence, it is against the weight of the evidence, or it erroneously declares or applies the law.
Murphy v. Lookinb, S. In its review, the appellate court defers to the trial court's determination of the credibility of witnesses. David v. David, S.
Wife raises two points on appeal. In her first point, Wife asserts that the trial court erred in forakef the second amended judgment of dissolution nunc pro tunc because the trial court did not have jurisdiction to change owo escort london judgment, as Husband had already filed his first notice of appeal.
Specifically, Wife claims that the trial court's second amended judgment was not a proper nunc pro tunc order because it did more than correct a clerical mistake and, therefore, is invalid. Stickelber v. Nixon, 54 S.
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The trial court does retain some jurisdiction over the judgment, however. For example, under anya olsen escort Cook, S. Nelson, S. Fields, 68 S. Dryden, 46 S. Lookng determine whether a court's order constitutes a modification of the judgment or simply a nunc pro tunc order, this court must decide whether the "order changes the original judgment or only the record.