Ilene S. Brooks v. Jeffrey C. Brooks

Father appeals from an order sustaining mother's motion to modify a dissolution decree entered January 26, 1987. The order increased father's child support obligation from $2700 per month to $5200 per month for two children, and was entered retroactive to the filing date of mother's motion to modify. The order also contained an automatic annual adjustment commensurate with the Consumer Price Index to account for any increase in the cost of living. In his three points on appeal, father alleges the increase in child support is unsupported by the evidence, that retroactive application is improper where purported increases in children's expenses are for future needs, and that automatic annual adjustments are contrary to statute. Mother asks this court to dismiss father's appeal because he failed to complete and submit a Rule 88.01 Form 14. She also cross-appeals denial of her motion for damages stemming from father's failure to exercise temporary custody of the two minor children. Mother did not brief and therefore abandoned her appeal from an order denying her motion for attorney's fees pending appeal.