Waggoner v. Waggoner’s Empirical Analysis

Citation profile

3 state decisions

Most-quoted passages

The sentences later courts lift from this opinion, ranked by how many decisions quote each — the parts of the opinion doing the work. These counts are smaller than the citation total above because most of the 3 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “A party who has met the burden of proof of changed circumstances, so substantial and continuing as to make the present support unreasonable shall have the support “determined in conformity with the criteria set forth in supreme court rule 88.01.” § 452.370.2. The mother made out a prima facie case of change of circumstances by showing that the existing child support award was less, by twenty percent or more, than the guideline given in Rule 88.01. That showing by the wife met her burden of proof on the issue of change of circumstances “so substantial and continuing” as to make the present award unreasonable. § 452.-371.1, .2. That element of the modification action ... proven, the statute directed that the child support element of the action “shall be determined” under Rule 88.01. § 452.370.1 [sic] (emphasis added). The effect of subsection 2 of § 452.-370 is that a party who has proven changed circumstances, is entitled to a new award of child support calculated according to the criteria of Rule 88.01 and Form 14, unless the court determines by the substantive factors that govern such adjudications that the amount calculated is unjust or inappropriate. An adjudication of a child support award, whether by the calculus of Form 14 or by the adjudication of a lesser amount, is a substantive matter. It is evident from the statutory sources of Rule 88.01, as well as from the function of adjudicative efficiency the rule addresses, that its terms are mandatory. An adjudication of an”

   1 later decision quote this exact passage
   e.g. Kieninger v. Kieninger

2. “The trial court erred in failing to order respondent to pay child support pursuant to appellant’s motion to modify child support in that appellant met his burden showing a substantial change in circumstances pursuant to § 452.30.1 MO Rev Stat 1986, Supp.1991, which requires only a showing that “If the application of the guidelines and criteria set forth in Supreme Court Rule 88.01 to the financial circumstances of the parties would result in a change of child support from the existing amount by twenty percent or more, then a prima facie showing has been made of a change in circumstances so substantial and continuing as to make the present terms unreasonable” and because once a prima facie showing is made no other change in circumstances is required if a 20% change in the amount of child support to be ordered is shown.”

   1 later decision quote this exact passage
   e.g. Kieninger v. Kieninger

3. “In denying [the father’s] motion, the motion court expressly found “there have been neither substantial and continuing changes of circumstances nor such facts and circumstances unknown to the Court at the time of the entry of said Decree so as to make the Decree unreasonable or unfair in regard to the ... support of the minor children.” This is tantamount to a repetition of the finding in the dissolution decree that “[a]fter considering all relevant factors, the Court finds that the amount of presumed child support calculated pursuant to Missouri Civil Procedure Form 14 is unjust or inappropriate.””

   1 later decision quote this exact passage
   e.g. In Re Marriage of Short