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Family & Custody
RSMo 452.355effective 28 Aug 1998

Allocation of cost of action and attorney fees by court

In plain English

A court can make one person in a divorce or custody case pay for the other person's lawyer fees and court costs. The court looks at things like how much money each person has and how each person acted during the case. If someone stopped paying child support without a good reason, the court can make that person pay the other person's legal costs too.

Word-for-word law

452.355. of cost of and by court — actions for failure to pay child support, reasonable costs and attorney fees to be paid by , when — definitions. — 1. Unless otherwise indicated, the court from time to time after considering all relevant factors including the financial resources of both parties, the and the actions of the parties during the of the action, may a to pay a reasonable amount for the cost to the other party of maintaining or defending any sections 452.300 to 452.415 and for , including sums for legal services rendered and costs incurred prior to the and after entry of a . The court may order that the amount be paid directly to the attorney, who may the order in the attorney's name.

2. In any proceeding in which the failure to pay child support pursuant to a or final judgment is an , if the court finds that the obligor has failed, without , to comply with such order or to pay the child support, the court shall order the obligor, if requested and for , to pay a reasonable amount for the cost of the suit to the , including reasonable sums for legal services. The court may order that the amount be paid directly to the attorney, who may enforce the order in his name.

3. For purposes of this section, an "obligor" is a person owing a and an "obligee" is a person to whom a duty of support is owed.

4. For purposes of this section, "good cause" includes any substantial reason why the obligor is unable to pay the child support as ordered. Good cause does not exist if the obligor purposely maintains his inability to pay.

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Source & history notes

(L. 1973 H.B. 315 § 12, A.L. 1988 H.B. 1272, et al., A.L. 1998 S.B. 910)

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Legal information, not legal advice. Always confirm with the official source at revisor.mo.gov.

RSMo 452.355: Allocation of cost of action and attorney fees by court | KnowMo Laws