Child support, how allocated
When parents split up or divorce, a court can order one or both parents to pay child support. The court looks at things like how much money each parent makes, what the child needs, and how much time the child spends with each parent. Child support usually stops when the child turns 18, but it can go on longer if the child is still in high school, is attending college or trade school full-time, or has a disability that keeps them from supporting themselves. If a child goes to college or trade school, support can last until age 21 as long as the child passes enough classes and shares their grades with both parents. Support also stops if the child dies, gets married, joins the military, or becomes self-supporting. Courts use a set of state guidelines to figure out the right amount to pay, and that amount is assumed to be correct unless there is a good reason to change it.
452.340. Child support, how — factors to be considered — or of support, when — support after age eighteen, when — of state — payments may be made directly to child, when — child , , use of , when — retroactivity — obligation terminated, how. — 1. In a for , or child support, the court may either or both parents owing a to a child of the marriage to pay an amount reasonable or necessary for the support of the child, including an to the date of the , without regard to marital , after considering all relevant factors including:
(1) The financial needs and resources of the child;
(2) The financial resources and needs of the parents;
(3) The standard of living the child would have enjoyed had the marriage not been ;
(4) The physical and emotional condition of the child, and the child's educational needs;
(5) The child's physical and arrangements, including the amount of time the child spends with each parent and the reasonable expenses associated with the or arrangements; and
(6) The reasonable work-related child care expenses of each parent.
2. The obligation of the parent ordered to make support payments shall , in whole or in part, for such periods of time in excess of thirty days that the other parent has voluntarily of a child to the parent ordered to pay child support, any periods of visitation or temporary physical and legal or physical or legal custody a or legal separation or any thereof. In a , the may determine the amount of the abatement pursuant to this for any and shall the amount of abatement in the established pursuant to chapter 454. If the case is not a IV-D case and upon , the shall record the amount of abatement in the automated child support system record established in chapter 454.
3. Unless the circumstances of the child manifestly dictate otherwise and the court specifically so provides, the obligation of a parent to make child support payments shall terminate when the child:
(1) Dies;
(2) Marries;
(3) Enters in the military;
(4) Becomes self-supporting, provided that the has relinquished the child from parental control by express or ;
(5) Reaches age eighteen, unless the of subsection 4 or 5 of this section apply; or
(6) Reaches age twenty-one, unless the provisions of the child support order specifically extend the order past the child's twenty-first birthday for reasons provided by subsection 4 of this section.
4. If the child is physically or mentally from supporting himself and and unmarried, the court may extend the parental support obligation past the child's eighteenth birthday.
5. If when a child reaches age eighteen, the child is in and attending a secondary school program of instruction, the parental support obligation shall continue, if the child continues to attend and progresses toward completion of said program, until the child completes such program or reaches age twenty-one, whichever first occurs. If the child is enrolled in an institution of or higher education not later than October first following graduation from a secondary school or completion of a graduation equivalence degree program and so long as the child enrolls for and completes at least twelve hours of each semester, not including the summer semester, at an institution of vocational or higher education and achieves grades sufficient to reenroll at such institution, the parental support obligation shall continue until the child completes his or her education, or until the child reaches the age of twenty-one, whichever first occurs. To remain eligible for such continued parental support, at the beginning of each semester the child shall submit to each parent a or similar official document provided by the institution of vocational or higher education which includes the courses the child is enrolled in and has completed for each term, the grades and credits received for each such course, and an official document from the institution listing the courses which the child is enrolled in for the upcoming term and the number of credits for each such course. When enrolled in at least twelve credit hours, if the child receives failing grades in half or more of his or her courseload in any one semester, payment of child support may be terminated and shall not be eligible for . Upon request for notification of the child's grades by the , the child shall produce the required documents to the noncustodial parent within thirty days of receipt of grades from the education institution. If the child fails to produce the required documents, payment of child support may terminate without the accrual of any child and shall not be eligible for reinstatement. If the circumstances of the child manifestly dictate, the court may the October first deadline for enrollment required by this subsection. If the child is enrolled in such an institution, the child or parent to pay support may petition the court to amend the order to direct the to make the payments directly to the child. As used in this section, an "institution of vocational education" means any postsecondary training or schooling for which the student is assessed a fee and attends classes regularly. "Higher education" means any community college, college, or university at which the child attends classes regularly. A child who has been diagnosed with a , as defined in section 630.005, or whose physical or diagnosed health problem limits the child's ability to carry the number of credit hours prescribed in this subsection, shall remain eligible for child support so long as such child is enrolled in and attending an institution of vocational or higher education, and the child continues to meet the other requirements of this subsection. A child who is employed at least fifteen hours per week during the semester may take as few as nine credit hours per semester and remain eligible for child support so long as all other requirements of this subsection are complied with.
6. The court shall consider ordering a parent to waive the right to the tax dependency for a child enrolled in an institution of vocational or higher education in favor of the other parent if the of state and federal tax laws and eligibility for financial aid will make an award of the exemption to the other parent .
7. The finds and declares that it is the public policy of this state that frequent, continuing and meaningful contact with both parents after the parents have separated or dissolved their marriage is in the except for cases where the court specifically finds that such contact is not in the best interest of the child. In order to this public policy, a court with shall visitation, custody and child support orders in the same manner. A court with jurisdiction may abate, in whole or in part, any past or future obligation of support and may the physical and legal or physical or legal custody of one or more children if it finds that a parent has, without , failed to provide visitation or physical and legal or physical or legal custody to the other parent pursuant to the terms of a judgment of dissolution, legal separation or modifications thereof. The court shall also award, if requested and for , reasonable expenses, and incurred by the .
8. The Missouri supreme court shall have in effect a establishing guidelines by which any award of child support shall be made in any . Said guidelines shall contain specific, descriptive and numeric criteria which will result in a computation of the . The guidelines shall address how the amount of child support shall be calculated when an award of results in the child or children spending equal or substantially equal time with both parents and the directions and comments and any tabular representations of the directions and comments for completion of the child support guidelines and a subsequent form developed to reflect the guidelines shall reflect the ability to obtain up to a fifty percent adjustment or credit below the basic child support amount for joint physical custody or visitation as described in subsection 11 of this section. The Missouri supreme court shall publish child support guidelines and specifically list and explain the relevant factors and assumptions that were used to calculate the child support guidelines. Any rule made pursuant to this subsection shall be reviewed by the promulgating body not less than once every four years to ensure that its application results in the of appropriate child support award amounts.
9. There shall be a rebuttable presumption, in any judicial or administrative proceeding for the award of child support, that the amount of the award which would result from the application of the guidelines established pursuant to subsection 8 of this section is the correct amount of child support to be awarded. A written finding or specific finding on the record in a judicial or administrative proceeding that the application of the guidelines would be unjust or inappropriate in a particular case, after considering all relevant factors, including the factors set out in subsection 1 of this section, shall be required and shall be sufficient to the in the case. The written finding or specific finding on the record shall detail the specific relevant factors that required a deviation from the application of the guidelines.
10. Pursuant to this or any other chapter, when a court the amount owed by a parent for support provided to a child by another person, other than a parent, prior to the date of filing of a petition requesting support, or when the of the family support division establishes the amount of due pursuant to (2) of subsection 1 of section 454.465, the court or director shall use the guidelines established pursuant to subsection 8 of this section. The amount of child support resulting from the application of the guidelines shall be applied retroactively for a period prior to the of a and the length of the period of retroactivity shall be left to the of the court or director. There shall be a rebuttable presumption that the amount resulting from application of the guidelines under subsection 8 of this section constitutes the amount owed by the parent for the period prior to the date of the filing of the petition for support or the period for which state debt is being established. In applying the guidelines to determine a amount, when as to average monthly income is available, the court or director may use the average monthly income of the noncustodial parent, as averaged over the period of retroactivity, in determining the amount of child support owed for the period of retroactivity. The court or director may enter a different amount in a particular case upon finding, after of all relevant factors, including the factors set out in subsection 1 of this section, that there is sufficient cause to rebut the presumed amount.
11. The court may award child support in an amount that provides up to a fifty percent adjustment below the basic child support amount by the child support guidelines described under subsection 8 of this section for custody awards of joint physical custody where the child or children spend equal or substantially equal time with both parents.
12. The obligation of a parent to make child support payments may be terminated as follows:
(1) Provided that the or child support order contains the child's date of birth, the obligation shall be terminated without further judicial or when the child reaches age twenty-one if the child support order does not specifically require payment of child support beyond age twenty-one for reasons provided by subsection 4 of this section;
(2) The obligation shall be deemed terminated without further judicial or administrative process when the parent receiving child support furnishes a or notifying the parent of the child's in accordance with the requirements of subsection 4 of section 452.370, and a copy of such sworn statement or affidavit is filed with the court which entered the order establishing the , or the family support division for an order entered under section 454.470;
(3) The obligation shall be deemed terminated without further judicial or administrative process when the parent paying child support files a sworn statement or affidavit with the court which entered the order establishing the child support obligation, or the family support division for an order entered under section 454.470, stating that the child is and reciting the factual basis for such statement; which statement or affidavit is by the court or , as applicable, on the child support ; and which is either and by the child support obligee in writing, or which is not responded to in writing within thirty days of receipt by the child support obligee;
(4) The obligation shall be terminated as provided by this subdivision by the court which entered the order establishing the child support obligation, or the family support division for an order entered under section 454.470, when the parent paying child support files a sworn statement or affidavit with the court which entered the order establishing the child support obligation, or the family support division, as applicable, stating that the child is emancipated and reciting the factual basis for such statement; and which statement or affidavit is served by the court or division, as applicable, on the child support obligee. If the obligee denies the statement or affidavit, the court or division shall thereupon treat the sworn statement or affidavit as a request for and shall proceed to hear and such request for hearing as provided by law; provided that the court may require the payment of a as for court costs and any court costs, as provided by law, in relation to such request for hearing. When the division receives a request for hearing, the hearing shall be held in the manner provided by section 454.475.
13. The court may enter a terminating child support pursuant to (1) to (3) of subsection 12 of this section without necessity of a court appearance by either . The shall mail a copy of a judgment terminating child support entered pursuant to subsection 12 of this section on both the obligor and obligee parents. The supreme court may forms for sworn statements and affidavits to terminate orders of child support obligations for use pursuant to subsection 12 of this section and subsection 4 of section 452.370.
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Source & history notes
(L. 1973 H.B. 315 § 9, A.L. 1988 H.B. 1272, et al., A.L. 1989 1st Ex. Sess. H.B. 2, A.L. 1990 S.B. 834, A.L. 1993 S.B. 253, A.L. 1994 H.B. 1491 & 1134, A.L. 1995 S.B. 174, A.L. 1997 S.B. 361, A.L. 1998 S.B. 910, A.L. 1999 S.B. 1, et al. merged with S.B. 291, A.L. 2005 S.B. 420 & 344, A.L. 2007 S.B. 25, A.L. 2010 H.B. 1692, et al., A.L. 2011 H.B. 111, A.L. 2016 H.B. 1550) (1993) Parental child support obligation should not be terminated as a result of child's temporary inability to attend classes due to illness or physical disability when substantial evidence supports finding that interruption is temporary and that child intends to continue education. Braun v. Lied, 851 S.W.2d 93 (Mo. App W.D.). (1993) Statute relating to parental support obligation does not require that child attend an institution of higher education on full-time basis. Age limitation protects parent from protracted college education. Harris v. Rattini, 855 S.W.2d 410 (Mo. App. E.D.). (1993) Where child brought action against health care providers for injuries sustained during mother's pregnancy and child was not conceived at time of alleged negligent medical treatment, tort recovery was not barred by two-year statute of limitation. Exception to statute of limitations for children under age ten applied to action. Lough v. Rolla Women's Clinic, Inc., 866 S.W.2d 851 (Mo en banc). (1994) Cadet at West Point was considered emancipated for purposes of child support even though academy provided education. Cadet's life at West Point is largely controlled by the government, which also provides for the bulk of the cadet's material needs. Federal law establishes that a cadet is part of the regular Army. Porath v. McVey, 884 S.W.2d 692 (Mo. App. S.D.). (1997) Per diem payments received from an employer can be included in gross income when calculating a parent's child support obligation. Buckner v. Jordan, 952 S.W.2d 710 (Mo.banc). (1997) Home-study program for attaining high school diploma was not "secondary school program of instruction" absent a showing of seriousness and good faith efforts on child's part to complete his education. Russell v. Russell, 949 S.W.2d 87 (Mo.App.W.D.). (1999) Section requiring unmarried, divorced or legally separated parents to pay child support for college expenses does not violate equal protection clauses of federal and state constitutions. In re Marriage of Kohring, 999 S.W.2d 228 (Mo.banc). (2000) Section requires child to receive credit for at least twelve hours to maintain eligibility to receive child support. Lombardo v. Lombardo, 35 S.W.3d 386 (Mo.App.W.D.). (2004) Child's attention deficit hyperactivity disorder was manifest circumstance preventing successful completion of twelve credit hour requirement and thus continuing child support obligation. Pickens v. Brown, 147 S.W.3d 89 (Mo.App.W.D.). (2004) Death of custodial parent of college student in compliance with section does not terminate existing child support obligation. Kreutzer v. Kreutzer, 147 S.W.3d 173 (Mo.App.S.D.).
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