Domestic Relations: Unjust Enrichment-Child-Support Overpayment

Where a husband involved in a dissolution argued that the wife was unjustly enriched when he involuntarily overpaid child support, the wife’s challenge to the order granting the husband’s motion to set aside a default judgment was untimely and is dismissed for lack of jurisdiction, and the trial court erred in granting the husband’s motion for unjust enrichment because there was no substantial evidence to support the findings that it would be unjust for the wife to keep the payments.

Judgment is reversed and remanded.

Roberts v. Roberts (MLW No. 73465/Case No. ED106349 – 11 pages) (Missouri Court of Appeals, Eastern District, Sullivan, J.) Appealed from circuit court, Lincoln County, Allsberry, J. (Cherlyn Crosby-Herberts for petitioner) (Laurie A. Dodd for respondent).