Law School Case Brief
Turner v. Turner (In re Turner) - 5 S.W.3d 607 (Mo. Ct. App. 1999)
In reviewing the record on appeal, the appellate court accepts as true the evidence and inferences therefrom that are favorable to the trial court's decree and disregards all contrary evidence.
Eric Marlon Turner and Jessica Lynn Turner were married on August 18, 1993. The marriage produced one child, Devin Quaid Turner (Quaid), who was born on August 21, 1994. The trial court awarded Jessica primary physical custody of Quaid and awarded Eric specified visitation and ordered Eric to pay child support in the amount of $340.00 per month. However, the trial court made no provision for Quaid's medical care through a health benefit plan. Eric contended the trial court erred, in its dissolution of marriage judgment, in awarding primary custody of the parties' child to Jessica, in not giving him credit for payments made by him on the parties' mobile home, and in making no determination as to which party should be responsible for maintaining the child on a health insurance policy.
Did the trial court err in failing to make a determination as to which party should be responsible for maintaining the child on a health insurance policy?
The Court found that the custody ruling was not an abuse of discretion, and taking into account Jessica's testimony as to expenses she paid, there was no error in the trial court's refusal of Eric's requested credit. However, the judgment made no determination as to which party should be responsible for maintaining the child on a health insurance policy. Therefore, the court reversed and remanded, solely for determinations required under Mo. Rev. Stat. § 454.600(1994) and Mo. Rev. Stat. § 454.603 (Cum. Supp. 1997), relative to the child's future medical care.
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