Jaco v. Jaco

The majority opinion affirms by presuming that the trial court found that Father failed to make the threshold showing necessary to justify a modification of child support: the existence of “changed circumstances so substantial and continuing as to make the terms unreasonable.” § 452.370.1.1

I respectfully dissent. On this record, we cannot affirm based on a presumed finding that no substantial and continuing change of circumstances had been shown. There is no reason to presume the basis of the trial court’s judgment, because the judgment explicitly tells us why the court refused to modify the…