Parent's change in income due to military service, effect on order of child support
When a parent gets called into emergency military service and their income changes because of it, Missouri law treats that as a big enough change to go back to court and adjust the child support order. The head of the family support division has to try to get the child support amount changed — both when the parent starts military service and when they come back. This applies when a parent in the National Guard or military reserves gets called to active duty for more than 30 days.
452.416. Parent's change in income due to military , effect on of child support — of , duties. — 1. to the contrary, whenever a parent in has a change in income due to such military service, such change in income shall be considered a change in circumstances so substantial and continuing as to make the terms of any for child support or unreasonable.
2. Upon receipt of a from the of a in emergency military service which contains the date of the of emergency military service and the of the parent in emergency military service, the director of the shall take to seek of the order or judgment of child support in accordance with the and criteria set forth in section 452.340 and . Such notification to the director shall constitute an for services under section 454.425.
3. Upon from emergency military service the parent shall notify the director of the family support division who shall take appropriate action to seek modification of the order or judgment of child support in accordance with the guidelines and criteria set forth in section 452.340 and applicable supreme court rules. Such notification to the director shall constitute an application for services under section 454.425.
4. As used in this section, the term "emergency military service" means that the parent is a member of a unit or Guard unit which is called into active military duty for a period of more than thirty days.
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Source & history notes
(L. 1991 S.B. 358, A.L. 1998 S.B. 910, A.L. 2014 H.B. 1299 Revision)
Legal information, not legal advice. Always confirm with the official source at revisor.mo.gov.