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Conrad v. Conrad6/4/2002
Cathie Lane Conrad (Wife) appeals the judgment of the Circuit Court of Jackson County dissolving her marriage to the respondent, Clifford Lee Conrad (Husband), with respect to its award of child support to Wife and its division of marital property.
Wife raises three points on appeal. In Point I, she claims that the trial court erred in entering its child support award pursuant to its rebuttal downward of its Form 14 presumed child support amount (PCSA) of $198 as being unjust and inappropriate, based upon non-court-ordered (NCO) overnight visitation being exercised by Husband, because the record was insufficient to support rebuttal on that basis in that there was no evidence that such visitation resulted in his incurring any significant additional expenses. In Point II, she claims that the trial court erred in including in its division of marital property the $42,900 she received in proceeds in settlement of her sexual harassment lawsuit because there was no evidence from which the court could find, as required, that the proceeds still existed for distribution at the time of dissolution. In Point III, she claims that even if it was proper for the trial court to include in its distribution of marital property the sexual harassment settlement proceeds, the court still erred in including proceeds in the amount of $42,900 because in valuing the proceeds she received, the court was required, but failed, to consider the tax consequences of her receipt of the proceeds.
We affirm in part, and reverse and remand in part.
Facts
The parties were married on January 10, 1975. Four children were born of the marriage. Two of the children, Michael Justin Conrad, born February 22, 1982, and Kelly Beth Conrad, born February 23, 1984, were unemancipated at the time of trial.
Husband filed a petition for dissolution of marriage in the Circuit Court of Jackson County on June 8, 1999. Wife filed her answer to Husband's petition and cross-petition on November 2, 1999. The case was heard on August 21, 2000, by Family Law Commissioner Sherrill Rosen, who entered her findings and recommendations and proposed judgment of dissolution on August 22, 2000. Wife filed a motion for rehearing with the circuit court, which the court denied on September 25, 2000, in its "order and judgment" adopting the findings and recommendations and proposed judgment of the Commissioner dissolving the marriage of the parties.
In its judgment of dissolution, the trial court, accepting the parenting plan submitted by Husband, awarded Wife the primary physical custody of Michael and Husband the primary physical custody of Kelly, subject to visitation by the other parent every other weekend, one weeknight a week, on specified holidays and for two consecutive weeks every summer. In addition, the trial court awarded Wife $100 per month in child support and divided the parties' marital property so as to effect an equalization of property between them. To equalize the property division, the court ordered Husband to make a cash payment to Wife of $6,680.
In determining the amount of child support to award, the trial court rejected the Form 14s submitted by both Husband and Wife, and made its own Form 14 calculations. The trial court found the presumed child support amount (PCSA) to be $198 per month. The trial court then rebutted its Form 14 PCSA as being unjust and inappropriate, awarding Wife $100 per month in child support, and awarding Husband the tax exemption for Michael. The trial court's rebuttal was based on Husband's exercising non-court-ordered visitation with Michael.
With respect to the parties' marital property, the trial court heard testimony
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