Obligor may request affidavit, when
Someone who is ordered by a court to pay child support or spousal support can ask the person receiving that money to sign a paper (called an affidavit) saying all payments are up to date. The person receiving support only has to sign this paper if all payments are truly caught up, and they have 10 days to do so. If they refuse without good reason, the paying person can take them to court. If anyone signs this paper knowing it is a lie, that is a crime.
Classifications stated in the statute. Actual outcomes vary.
452.341. may request , when — for failure to execute, when — false affidavit, . — 1. Any person under a or of a court to make installment payments of child support or may request from the person entitled to such support payments an affidavit attesting to the fact that the obligor is current in such support payments and that there are, on the date that the request is made, no installment payments due and unpaid. Upon such request by an obligor, any person entitled to child support or spousal support shall execute an affidavit as required by this section.
2. No affidavit shall be required to be if any installment of the obligor's is due or unpaid on the date that the request is made. If, however, any obligor who is current in payment of makes a request for a statement of that fact under this section and the person entitled to such support payment refuses or fails to execute the affidavit required by this section within ten days of the request, the obligor shall have a cause of action against such person for any caused by such failure or refusal and may, in addition to such cause of action, a to order the person entitled to the support obligation to execute the affidavit. Any person who executes a false affidavit under this section commits a as provided in section 575.050.
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Source & history notes
(L. 1986 H.B. 1479)
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