Opinion
WD85159
12-13-2022
PHILLIP G. GILLESPIE, Respondent, v. ELIZABETH M. GILLESPIE, Appellant.
Stephanie R. Kleyh, Gladstone, MO for Respondent. Bruce B. Brown, Kearney, MO for Appellant.
Appeal From: Clay County Circuit Court The Honorable Alisha D. O'Hara, Judge
Stephanie R. Kleyh, Gladstone, MO for Respondent.
Bruce B. Brown, Kearney, MO for Appellant. 1
Before Judges: Karen King Mitchell, Presiding Judge, Cynthia L. Martin, Judge, and Anthony Rex Gabbert, Judge
OPINION
Anthony Rex Gabbert, Judge
Elizabeth Gillespie ("Wife") appeals the circuit court's grant of judgment to Phillip Gillespie ("Husband") on Wife's "Counter Motion for Contempt" and "Motion in Equity" which Wife filed in response to Husband's "Affidavit for Termination of Child Support." Wife contends on appeal that the circuit court erred in ruling that all obligations imposed on Husband in the parties' dissolution of marriage judgment, including Husband's obligation to pay Wife one half of the profits from the sale of a marital home, are deemed satisfied in full pursuant to Section 516.350, RSMo 2016, arguing that the marital home obligation was not a debt or money judgment under Section 516.350.
AFFIRMED.
Division Three holds:
The circuit court did not err in adjudging Husband's 2009 Dissolution Judgment obligations satisfied in full. Wife failed to revive the Dissolution Judgment or enter a payment on the record within ten years of its entry, thereby causing the home profits provision within the Dissolution Judgment, which awarded a financial benefit to Wife, to be conclusively presumed to be paid pursuant to Section 516.350.1, and any suit thereon barred. 2