McKenna v. McKenna: What Parents and Attorneys Need to Know About Child Support and Private School Costs
Case: Jennifer J. McKenna v. Steven E. McKenna
Court: Missouri Court of Appeals, Western District
Case No: WD87213
Decision Date: June 24, 2025
Disposition: Affirmed in part, reversed in part
What This Case Means for You
If you're going through a divorce or custody modification in Missouri, a recent court decision provides important guidance on two key issues many families face:
What happens when a parent quits their job during a custody case?
When can courts force a parent to pay for private school?
The Missouri Court of Appeals just answered both questions in a case that will impact how these situations are handled going forward.
The Story Behind the Case
The Family Situation
Jennifer and Steven McKenna divorced in 2015 with a typical arrangement: shared custody, equal time with their two children, and a requirement that the kids attend public school unless both parents agreed otherwise.
By mutual agreement, the children had been attending a private Catholic school from kindergarten through 8th grade. But when it came time for high school, the parents disagreed about whether the children should continue in private school or transfer to public school.
When Things Went Wrong
In late 2021, several concerning events happened almost simultaneously:
The mother filed a motion asking the court to give her sole custody and limit the father's time with the children to supervised visits only
She alleged the father had alcohol problems, was verbally abusive, and had physically harmed the children on multiple occasions
Around the same time, the father voluntarily quit his $270,000+ per year engineering job
The father claimed he quit to spend more time with his children, saying his job required 80-hour weeks and extensive travel. However, over the next two years of court proceedings, he never applied for a single new job and turned down multiple employment offers.
What the Court Found
After extensive hearings involving testimony from six mental health professionals, the trial court made several key findings:
The father had Narcissistic Personality Disorder
His reasons for quitting his job were not credible
He was intentionally staying unemployed to reduce his child support payments
The timing of his job departure was "suspicious"
He repeatedly violated court orders and prioritized hurting his ex-wife over his children's wellbeing
The Two Big Legal Questions
Question 1: Can Courts Base Child Support on a Parent's Previous Income If They Quit Their Job?
The Court's Answer: YES (in certain circumstances)
What "Income Imputation" Means
When calculating child support, courts typically use each parent's actual current income. However, if a parent voluntarily reduces their income without good reason—especially to avoid paying child support—courts can use their previous higher income instead. This is called "imputing income."
The Legal Test
Courts consider several factors when deciding whether to impute income:
The parent's work history over the past three years
Their education, skills, and qualifications
Available jobs in the area and typical pay
Whether they've made genuine efforts to find work
The timing of their job loss or career change
Their overall credibility and motivations
How This Case Applied the Test
The appeals court upheld the trial court's decision to base child support on the father's previous $273,758 salary rather than his current $0 income because:
Red Flags the Court Identified:
Suspicious timing: He quit right when the custody case started
No job search: Despite being qualified and having good references, he made zero effort to find new work
Turned down offers: He rejected multiple job opportunities over two years
Inconsistent story: His claim about wanting to spend more time with children didn't match his actual behavior
Pattern of manipulation: Mental health experts testified he prioritized hurting his ex-wife over his children's needs
For Parents: If you're considering a career change during divorce proceedings, document your legitimate reasons thoroughly and show good faith efforts to maintain your income. Courts will scrutinize the timing and your motivations.
For Attorneys: Build a comprehensive record showing either legitimate vs. manipulative reasons for employment changes. Use mental health evaluations, credibility findings, and behavioral patterns to support your arguments about the client's true motivations.
Question 2: When Must Parents Pay for Private School?
The Court's Answer: Only When There's a Specific Educational Need
The General Rule
In Missouri, private school tuition is NOT automatically included in child support calculations. Parents are only required to pay for private school in two situations:
Both parents agree to it, OR
The court finds the private school meets a "particular educational need" of the child
What "Particular Educational Need" Means
This is a higher standard than just wanting your child to have a good education or continue family traditions. The court must find that the private school addresses specific educational requirements that public schools cannot meet.
What's NOT Enough:
Religious instruction
General academic excellence
Family tradition
The child is already attending private elementary school
Parental preference
What Might Be Enough:
Specialized programs for learning disabilities
Advanced academic programs unavailable in public schools
Specific therapeutic or medical educational needs
Documented gaps in public school offerings that affect the child's particular situation
How This Case Applied the Test
The mother argued the children should continue at Catholic high school because:
They had strong religious identities
They were involved in school activities
They had done well academically in Catholic elementary school
It would provide stability and community
The court said this wasn't enough because:
The mother presented no evidence about the quality of either the public or private high school options
Her arguments were based on religious preference and general success, not specific educational needs
The children hadn't even selected which Catholic high school they wanted to attend
The original divorce decree required public school attendance unless both parents agreed
For Parents: If you want the court to order private school payments, you need to show specific educational needs your child has that only private school can address. General preferences or religious instruction alone won't be sufficient.
For Attorneys: Develop evidence showing particular educational needs beyond religious instruction or family preference. Compare specific programs and demonstrate why public school alternatives are inadequate for your client's child's individual needs.
Practical Implications
For Parents Going Through Divorce
If You're Considering Leaving Your Job:
Think carefully about timing—career changes during custody proceedings will be scrutinized
Document legitimate reasons thoroughly (health issues, industry downturns, etc.)
Show good faith efforts to maintain income through job searches
Be prepared to prove your motivations are genuinely about what's best for your children
If Your Ex Quits or Reduces Their Income:
Gather evidence about the timing relative to your case
Document their qualifications and available job opportunities
Look for patterns of behavior showing they prioritize conflict over children's needs
Present evidence of their earning capacity and work history
If You Want Private School for Your Children:
Focus on specific educational needs, not preferences
Research and compare actual programs and offerings
Document your child's particular learning style or requirements
Show why public schools cannot meet these specific needs
If You're Being Asked to Pay for Private School:
Challenge whether there are documented particular educational needs
Research the quality and programs of available public schools
Emphasize the difference between preference and necessity
Review your original divorce decree for existing school agreements
For Family Law Attorneys
Income Imputation Practice Tips:
Build comprehensive records about employment changes and motivations
Use mental health evaluations to establish credibility and behavioral patterns
Present Form 14 calculations based on earning capacity, not current income
Address timing issues proactively and provide legitimate explanations
Private School Expense Strategy:
Move beyond religious instruction arguments to specific educational programming
Develop evidence of individual child's learning needs and how private school addresses them
Compare specific programs rather than making general quality arguments
Review original dissolution language carefully for existing obligations
Appellate Practice Reminder: This case also reinforced that appellate briefs must include ALL relevant evidence, including facts that hurt your client's case. The court criticized the father's attorney for omitting adverse evidence, calling it a violation of court rules and poor advocacy.
The Bigger Picture
This decision reflects Missouri courts' approach to preventing parents from manipulating the legal system to avoid their responsibilities to their children, while also maintaining reasonable limits on when extraordinary expenses can be ordered.
Key Principles:
Child support should reflect actual earning capacity, not artificially reduced income designed to avoid obligations
Private school is a privilege, not a right that must be justified by specific educational needs
Courts will look at the whole picture, including timing, credibility, and motivations
Mental health and behavioral evidence can significantly impact both financial and custody decisions
Recent Trends in Missouri Family Law
This case is part of a broader trend where Missouri courts are:
Taking a harder line against strategic underemployment
Requiring more specific evidence for private school orders
Considering mental health evaluations more seriously in custody and support decisions
Scrutinizing the timing of major life changes during litigation
Questions to Ask Your Attorney
If you're dealing with similar issues, consider asking your lawyer:
About Income Issues:
How will employment changes during my case be viewed?
What evidence do we need to show legitimate vs. manipulative job decisions?
How do courts typically handle voluntary career changes?
About Private School:
What specific evidence do we need to justify private school expenses?
How can we document particular educational needs?
What does our original decree say about school decisions?
About Strategy:
How can we strengthen our credibility with the court?
What mental health evaluations might be helpful?
How should we present our case to show we're prioritizing the children's best interests?
***IMPORTANT DISCLAIMER***
This analysis is provided for educational purposes only and should not be construed as legal advice. Family law cases are highly fact-specific, and the outcome of any particular case will depend on its unique circumstances. If you are involved in a family law matter, you should consult with a qualified attorney who can evaluate your specific situation and provide appropriate legal counsel. This summary of the McKenna case should not be relied upon as a substitute for professional legal advice tailored to your individual circumstances.
THE CHOICE OF A LAWYER IS AN IMPORTANT DECISION AND SHOULD NOT BE BASED SOLELY UPON ADVERTISEMENTS.