Domestic Relations: Child Support-Emancipation-Income Disparity

Staff Report//May 23, 2019

Where a mother challenged a trial court’s decision awarding child custody and visitation and eliminating child support for one child, the record lacked sufficient evidence regarding the oldest child’s education to support the finding of emancipation, so the judgment is reversed in part to modify the father’s child-support obligation, but the trial court did not err in entering a parenting plan or by refusing to allow the children to testify about their custody preferences, and the court also did not abuse its discretion in denying a motion for attorney’s fees because income disparity is not a controlling factor.

Judgment is affirmed in part; reversed in part.

Librach v. Librach (MLW No. 73214/Case No. ED106684 – 20 pages) (Missouri Court of Appeals, Eastern District, Odenwald, J.) Appealed from circuit court, St. Louis County, Farragut-Hemphill, J. (Susan L. Ward and Thomas H. Yoakum for appellant) (Venus V. Harry and Marie D. Lipowicz for respondent).