Domestic Relations : Child Support Extension – Incapacitated Child – Retroactive Application

Where the record showed that a 21-year-old woman was insolvent and unmarried as well as incapacitated, the trial court did not err in extending the father’s child support obligation past the date of emancipation, and the court also did not err in modifying the previous judgment based on a substantial and continuing change in circumstances, but the court erred in ordering the father to make support payments for July 30, 2011  to January 26, 2012 because Missouri law does not allow retroactive application of child support before a motion to modify has been filed and served.

Judgment is affirmed in part; reversed and remanded in part.

Breuer v. Breuer (MLW No. 66993/Case No. ED100898 – 10 pages) (Missouri Court of Appeals, Eastern District, Cohen, J.) Appealed from circuit court, Franklin County, Hoven, J. (Taylor Goodale for appellant) (Jonathan L. Downard for respondent).

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