Child Support

Visit Missouri Divorce & Family Law Blog

In Missouri, actions for child support usually arise in one of three ways:

1) Upon administrative action brought by either parent before the Division of Family Services or by the Division of Family Services

2) Pursuant to Dissolution of Marriage;

3) As part of a Petition for Declaration of Paternity

• How Child Support amount is determined
• Termination of child support
• Modification of Child Support Amount

How Child Support amount is determined

Child support is usually a monthly payment from the non-custodial parent to the custodial parent for the benefit of the child. Payments can be made directly form one parent to another, or through the Family Support Payment Center in Jefferson City, Missouri, and may also be made by employer wage deduction. The amount of Support is calculated pursuant to Missouri Rule 88 and Form 14, which is basically a formula that figures child support based on the incomes of the parties and other factors. The Form 14 calculation includes the following:

• Monthly gross income. This means income before taxes and deductions, and does not take into consideration a parents expenses such as mortgage payments, rent, car payments, credit card bills and other debts, etc. Monthly gross generally includes income from all sources.
• Other child support payments being made
• Court ordered maintenance being paid or received
• Support obligation for other children in parents primary physical custody
• Child care (daycare) costs if work related
• Health insurance costs
• Uninsured extraordinary medical costs
• Extraordinary non-medical costs, such as post-secondary educational expenses and private school expenses
• Extracurricular activities in some circumstances
• Credit for periods of overnight visitation or custody

Most of the time, the Court will order the amount of child support calculated by the Form 14 (the presumed amount), but the parties can change the presumed amount by agreement, or the Court may find that the presumed amount is unjust or inappropriate and order a different amount. In order for the Court to change the child support amount from the presumed amount, the court must consider all relevant factors, including statutory and other factors.

Return to Top

Termination of child support

Generally, child support terminates when the child:

• Dies
• Marries
• Enters active military duty
• Becomes self supporting
• Reaches the age of 18, unless
  • the child is physically or mentally incapacitated or
  • the child is enrolled in and attending high school, where the support obligation will continue until the child reaches age 21 or graduates, whichever comes first, or
  • the child is enrolled in college or an institute of vocational or higher education by October 1 of the year following graduation from a high school, where the child support continues until the child reaches 21 years old or graduates, whichever comes first. However, to remain eligible for such continued parental support the child must be continuously enrolled and complete at least 12 credit hours (not including summer), must receive passing grades in at least half of his or her course load every semester, must provide documentation to the paying parent of their grades upon request, and must provide a transcript or similar document at the beginning of the semester. Direct payments to the child are possible under this scenario.

Note that emancipation of the child under the above scenarios does not terminate the liability for past due child support.

Return to Top

Modification of Child Support Amount

Orders for child support are always modifiable. Administrative orders for child support are periodically reviewed for modification. However, either parent may seek to have the administrative order judicially modified at any time if grounds exist to do so. If the order is pursuant to dissolution of marriage, Declaration of paternity, or other judicial order, the child support order may be modified by either parent if the moving party can demonstrate a substantial and continuing change in circumstances, which may include one or more of the following

• If a new Form 14 calculation will result in a 20% change in support liability
• Changes in financial condition of the parties of a substantial and continuing nature
• Financial needs of the children, including educational expenses, cost of food and clothing, transportation needs, increased recreation, medical expenses and similar factors.
• Emancipation of the children
• Death of the child or either parent.
• Modification by agreement 

Return to Top