Missouri Statute | Act | Code |Domestic Relations| US Code - US Statute | Chapter 452 Dissolution Of Marriage, Divorce, Alimony And Separate Maintenance

1. All pleadings required to be verified under this chapter may
at the time of execution be made by the acknowledgment thereof by the
petitioner or respondent made before an officer authorized to administer
oaths under the laws of this state, and evidenced by the officer's
certificate, under official seal, attached or annexed to the pleading in
form and content substantially as follows:

THE STATE OF ......................

COUNTY OF .........................

(The undersigned), of lawful age, being duly sworn on his/her oath,
states that he/she is the petitioner/respondent named above and that the
facts stated in the ................... are true according to his/her
best knowledge and belief.

.............................

Petitioner/Respondent

Subscribed and sworn to before me this ..... day of ....., 20...

My commission expires: .................................
.............................. Notary Public

2. All references in this chapter regarding a "verified" document shall
be satisfied by compliance with the requirements of subsection 1 of this
section. (L. 2004 S.B. 1211)

When a divorce has been granted, and the court has made an order
or decree providing for the payment of alimony and maintenance, the
remarriage of the former spouse shall relieve the spouse obligated to pay
support from further payment of alimony to the former spouse from the
date of the remarriage, without the necessity of further court action,
but the remarriage shall not relieve the former spouse from the
provisions of any judgment or decree or order providing for the support
of any minor children. (L. 1957 p. 390 § 1, A.L. 2001 H.B. 537)

(1977) Subsequent remarriage terminated alimony even though such marriage
was annulled because of fraud. Glass v. Glass (A.), 546 S.W.2d 738.

Upon a decree of divorce, the court may, in its discretion,
decree alimony in gross or from year to year. When alimony is decreed in
gross, such decree shall be a general lien on the realty of the party
against whom the decree may be rendered, as in the case of other
judgments. When such decree is for alimony from year to year, such decree
shall not be a lien on the realty as aforesaid, but an execution in the
hands of the proper officer, issued for the purpose of enforcing such
decree, shall constitute a lien on the real and personal property of the
defendant in such execution, so long as the same shall lawfully remain in
the possession of such officer unsatisfied. In lieu of the lien of such
decree for alimony from year to year, it is hereby provided that the
party against whom such decree may be rendered shall be required to give
security ample and sufficient for such alimony; but where default has
been made in giving such security, the decree for alimony from year to
year shall be a lien as in case of general judgments. (RSMo 1939 § 1520,
A.L. 2001 H.B. 537)

Prior revisions: 1929 § 1356; 1919 § 1807; 1909 § 2376

(1977) Statute allowing award of maintenance in gross was not repealed by
the dissolution of marriage statutes and § 452.335 does not preclude
award of maintenance in gross. Carr v. Carr (A.), 556 S.W.2d 511.

No petition for review of any judgment for divorce, rendered in
any case arising pursuant to this chapter, shall be allowed, any law or
statute to the contrary notwithstanding; but there may be a review of any
order or judgment touching the alimony and maintenance of the spouse, and
the care, custody and maintenance of the children, or any of them, as in
other cases. (RSMo 1939 § 1525, A.L. 2001 H.B. 537)

Prior revisions: 1929 § 1361; 1919 § 1812; 1909 § 2381

When a person, without good cause, shall abandon his or her
spouse, and refuse or neglect to maintain and provide for him or her, the
circuit court, on his or her petition for that purpose, shall order and
adjudge such support and maintenance to be provided and paid by such
person for the spouse and the spouse's children, or any of them, by that
marriage, out of his property, and for such time as the nature of the
case and the circumstances of the parties shall require, and compel the
person to give security for such maintenance, and from time to time make
such further orders touching the same as shall be just, and enforce such
judgment by execution, sequestration of property, or by such other lawful
means as are in accordance with the practice of the court; and as long as
said maintenance is continued, the person shall not be charged with the
spouse's debts, contracted after the judgment for such maintenance. (RSMo
1939 § 3376, A.L. 2001 H.B. 537)

Prior revisions: 1929 § 2989; 1919 § 7314; 1909 § 8295

CROSS REFERENCE: Amounts paid under order of support, credited how, RSMo
454.280

(1973) Judgment of trial court dismissing Petition for Separate
Maintenance with prejudice may not be set aside unless it is clearly
erroneous. Brokaw v. Brokaw (A.), 492 S.W.2d 859.

No property shall be exempt from attachment or execution in a
proceeding instituted by a person for maintenance, nor from attachment or
execution upon a judgment or order issued to enforce a decree for alimony
or for the support and maintenance of children. And all wages due to the
defendant shall be subject to garnishment on attachment or execution in
any proceedings mentioned in this section, whether the wages are due from
the garnishee to the defendant for the last thirty days' service or not.
(RSMo 1939 § 3377, A.L. 1957 p. 391, A.L. 2001 H.B. 537)

Prior revisions: 1929 § 2990; 1919 § 7315; 1909 § 8296

(1952) Garnishment on judgment in divorce action for support and
maintenance of minor children held limited to ten percent of wages of
defendant who had remarried, had children and was head of family. York v.
York (A.), 249 S.W.2d 870.

(1957) Where judgment consisting of $1,243.33 for alimony and $2,486.67
for child support was revived in 1953 against nonresident defendant,
garnishment could reach only 10% of amount of defendant's wages for child
support but entire amount of wages could be seized to satisfy judgment
for alimony. Ferneau v. Armour & Co. (A.), 303 S.W.2d 161.

The father and mother living apart are entitled to an
adjudication by the circuit court as to their powers, rights and duties
in respect to the custody and control and the services and earnings and
management of the property of their unmarried minor children without any
preference as between the said father and mother, and neither the father
nor the mother has any right paramount to that of the other in respect to
the custody and control or the services and earnings or of the management
of the property of their said unmarried minor children; pending such
adjudication the father or mother who actually has the custody and
control of said unmarried minor children shall have the sole right to the
custody and control and to the services and earnings and to the
management of the property of said unmarried minor children. (RSMo 1939 §
1526, A.L. 1998 S.B. 910)

Prior revisions: 1929 § 1362; 1919 § 1813

CROSS REFERENCES: Consent of parents necessary to adopt, RSMo 453.030 to
453.050 Custody of children, award on habeas corpus, RSMo 532.370
Transfer of custody of child prohibited, RSMo 453.110

(1953) Where divorce decree awarded custody of child to father and made
no provision for visitation by the mother, nor for keeping the child in
this state, the removal of the child from the state by the father did not
constitute contempt. Middleton v. Tozer (A.), 259 S.W.2d 80.

(1953) On motion to modify decree as to custody of minor child, there
must not only be proof of a change in conditions but it must be a change
that would beneficially affect the interest of the child. Frams v. Black
(A.), 259 S.W.2d 104.

(1954) In action by divorced mother to recover amounts expended for
support of child from its father, limitations must be computed from the
time the cause of action accrued and not from the date of last item in
the account. Allen v. Allen, 364 Mo. 955, 270 S.W.2d 33.

(1957) Court of equity has inherent power to allow suit money attorney
fees to the mother in proceeding to obtain custody of child. I.... v.
B.... (A.), 305 S.W.2d 713.

(1963) Where court makes no custody award in a divorce action, it is not
res judicata in subsequent action for custody of children. R.... v. E....
(A.), 364 S.W.2d 821.

(1963) Jurisdiction of trial court in divorce action to make an ad
interim order with respect to the temporary custody of minor children
pending the appeal, upon pleading and proof that their welfare is
substantially endangered during that period, is not divested by the
giving of the statutory supersedeas bond. State ex re. Stone v. Ferris
(Mo.), 369 S.W.2d 244.

(1968) The Missouri Supreme Court held that the proper construction of
Missouri statutory provisions relating to the obligations and rights of
parents affords illegitimate children a right equal with that of
legitimate children to require support by their fathers. Prior cases to
the contrary were expressly overruled. R.... v. R.... (Mo.), 431 S.W.2d
152.

The terms of section 452.150 shall apply to children born out of
wedlock and to children born in wedlock, and the terms "father and
mother", "parent", "child", shall apply without reference to whether a
child was born in lawful wedlock. (RSMo 1939 § 1527)

Prior revision: 1929 § 1363

CROSS REFERENCE: Issue of certain marriages legitimate, RSMo 474.080

(1968) The Missouri Supreme Court held that the proper construction of
Missouri statutory provisions relating to the obligations and rights of
parents affords illegitimate children a right equal with that of
legitimate children to require support by their fathers. Prior cases to
the contrary were expressly overruled. R. . . . v. R. . . . (Mo.), 431
S.W.2d 152.

If any married person shall hold real estate in his or her own
right, and his or her spouse, by criminal conduct toward him or her, or
by ill usage, shall give him or her cause to live separate and apart from
him or her, such person may petition the circuit court, setting forth
such facts, and therein pray that such estate may be enjoyed by him or
her for his or her sole use and benefit. (RSMo 1939 § 3386, A.L. 2001
H.B. 537)

Prior revisions: 1929 § 2999; 1919 § 7324; 1909 § 8305

The circuit court, on due proof of such facts, may, in its
discretion, make such order and decree in the premises as shall give such
married person the sole use and benefit of such real estate, or such part
thereof as it may think reasonable. (RSMo 1939 § 3387, A.L. 2001 H.B. 537)

Prior revisions: 1929 § 3000; 1919 § 7325; 1909 § 8306

When any married person shall abandon his or her spouse, or from
worthlessness, drunkenness or other cause fail to make sufficient
provision for his or her support, the circuit court of the county where
he or she has his or her home and residence may, on his or her petition,
authorize him or her to sell and convey his or her real estate, or any
part thereof, and also any personal estate which shall, at the time, have
come to such person by reason of the marriage, and which may remain
within the state undisposed of by him. (RSMo 1939 § 3378, A.L. 2001 H.B.
537)

Prior revisions: 1929 § 2991; 1919 § 7316; 1909 § 8297

Any married person may file a petition in the circuit court,
setting forth that his or her spouse, from habitual intemperance, or any
other cause, is about to squander and waste the property, money, credits
or choses in action to which he or she is entitled in his or her own
right, or any part thereof, or is proceeding fraudulently to convert the
same, or any part thereof, to the spouse's own use, for the purpose of
placing the same beyond his or her reach, and depriving him or her of the
benefit thereof; and the court, upon the hearing of the case, may enjoin
the spouse from disposing of or otherwise interfering with such property,
moneys, credits and choses in action, and may appoint a receiver to
control and manage the same for the benefit of the petitioner, and may
also make such other order in the premises as they may deem just and
proper, and upon the filing of such petition an injunction may be allowed
as in other cases, and such petition shall be filed in the county where
said petitioner resides, and the spouse of said petitioner shall be made
a party defendant to said petition. (RSMo 1939 § 1682, A.L. 2001 H.B. 537)

Prior revisions: 1929 § 1518; 1919 § 1968; 1909 § 2533

The court may also, upon the petition of such person, authorize
any person holding money or other personal estate to which the spouse is
entitled in his or her right to pay and deliver the same to the
petitioner, and may authorize him or her to give a discharge for the
same, which discharge shall be as valid as if made by the spouse. (RSMo
1939 § 3379, A.L. 2001 H.B. 537)

Prior revisions: 1929 § 2992; 1919 § 7317; 1909 § 8298

Such married person, during the period his or her spouse shall
fail to provide for his or her support, as stated in section 452.130,
shall be entitled to the proceeds of the earnings of his or her minor
children; and the same shall be under his or her sole control and shall
not be liable in any manner for the spouse's debts. (RSMo 1939 § 3380,
A.L. 2001 H.B. 537)

Prior revisions: 1929 § 2993; 1919 § 7318; 1909 § 8299

All the proceeds of such sales, and all other money and personal
estate which shall come to the hands of a person by force of the
provisions of sections 451.250 to 451.300, RSMo, and sections 452.130,
452.140, 452.170 to 452.190 and 452.210 to 452.250, may be used and
disposed of by him or her for the necessary support of himself or herself
and family. (RSMo 1939 § 3381, A.L. 2001 H.B. 537)

Prior revisions: 1929 § 2994; 1919 § 7319; 1909 § 8300

CROSS REFERENCE: Workers' compensation death benefits, rights of widows
and children, RSMo 287.240

The petition of a married person for any of the purposes before
mentioned may be filed and the case heard and determined in the circuit
court, and the like process and proceedings shall be had as in other
civil suits triable before circuit judges. (RSMo 1939 § 3382, A.L. 1978
H.B. 1634, A.L. 2001 H.B. 537)

Prior revisions: 1929 § 2995; 1919 § 7320; 1909 § 8301

The same proceedings shall be had in relation to such petition
as the law requires in other proceedings before circuit judges, and in
relation to enforcing the orders and decrees, except that no appeal shall
be allowed to the supreme court, or court of appeals, from any order or
decree, on the part of the person's spouse, until he or she has
indemnified the petitioner for all delays and costs, in such manner as
the court shall direct. (RSMo 1939 § 3388, A.L. 1973 S.B. 263, A.L. 1978
H.B. 1634, A.L. 2001 H.B. 537)

Prior revisions: 1929 § 3001; 1919 § 7326; 1909 § 8307

1. The rules of the supreme court and other applicable court
rules shall govern all proceedings pursuant to sections 452.300 to
452.415.

2. A proceeding for dissolution of marriage, legal separation, or
declaration of invalidity of marriage shall be entitled: "In re the
Marriage of ..... and .....".

3. The initial pleading in an original proceeding pursuant to sections
452.300 to 452.415 shall be denominated a "petition" and the responsive
pleading in an original proceeding shall be denominated an "answer".
Other pleadings in an original proceeding and all pleadings in other
proceedings pursuant to sections 452.300 to 452.415 shall be denominated
as provided in the rules of the supreme court and other applicable court
rules.

4. Any party who files the initial pleading in an original proceeding
pursuant to sections 452.300 to 452.415 shall be denominated the
"petitioner" and any party who is required to file or who files a
responsive pleading in an original proceeding shall be denominated the
"respondent". Each party shall retain such denomination from the original
proceeding in any other proceedings pursuant to sections 452.300 to
452.415.

5. An original proceeding pursuant to sections 452.300 to 452.415 shall
be commenced in the county in which the petitioner resides or in the
county in which the respondent resides. If an original proceeding is
commenced in the county in which the petitioner resides, upon motion by
the respondent filed prior to the filing of a responsive pleading, the
court in which the proceeding is commenced may transfer the proceeding to
the county in which the respondent resides if:

(1) The county in which the respondent resides had been the county in
which the children resided during the ninety days immediately preceding
the commencement of the proceeding; or

(2) The best interest of the children will be served if the proceeding is
transferred to the county in which the respondent resides because:

(a) The children and at least one parent have a significant connection
with the county; and

(b) There is substantial evidence concerning the present or future care,
protection and personal relationships of the children in the county.

6. In proceedings pursuant to sections 452.300 to 452.415, "judgment"
shall include a "decree". (L. 1973 H.B. 315 § 1, A.L. 1998 S.B. 910)

1. The court shall enter a judgment of dissolution of marriage
if:

(1) The court finds that one of the parties has been a resident of this
state, or is a member of the armed services who has been stationed in
this state, for ninety days immediately preceding the commencement of the
proceeding and that thirty days have elapsed since the filing of the
petition; and

(2) The court finds that there remains no reasonable likelihood that the
marriage can be preserved and that therefore the marriage is
irretrievably broken; and

(3) To the extent it has jurisdiction, the court has considered and made
provision for child custody, the support of each child, the maintenance
of either spouse and the disposition of property.

2. The court shall enter a judgment of legal separation if:

(1) The court finds that one of the parties has been a resident of this
state, or is a member of the armed services who has been stationed in
this state, for ninety days immediately preceding the commencement of the
proceeding and that thirty days have elapsed since the filing of the
petition; and

(2) The court finds that there remains a reasonable likelihood that the
marriage can be preserved and that therefore the marriage is not
irretrievably broken; and

(3) To the extent it has jurisdiction, the court has considered and made
provision for the custody and the support of each child, the maintenance
of either spouse and the disposition of property.

3. Any judgment of dissolution of marriage or legal separation shall
include the Social Security numbers of the parties. (L. 1973 H.B. 315 §
2, A.L. 1997 S.B. 361, A.L. 1998 S.B. 910)

(1976) Held, a cross bill seeking separate maintenance coupled with an
after trial motion to amend the dissolution decree to one of legal
separation does not require court to enter a decree of legal separation.
Nichols v. Nichols (A.), 538 S.W.2d 727.

(1977) Held, that court must grant a decree of legal separation if either
party requests it. The court applies the rule that when conflicting
provisions occur in an act the last in order of position shall prevail.
McRoberts v. McRoberts (A.), 555 S.W.2d 682.

1. In any proceeding commenced pursuant to this chapter, the
petition, a motion to modify, a motion for a family access order and a
motion for contempt shall be verified. The petition in a proceeding for
dissolution of marriage shall allege that the marriage is irretrievably
broken and that therefore there remains no reasonable likelihood that the
marriage can be preserved. The petition in a proceeding for legal
separation shall allege that the marriage is not irretrievably broken and
that therefore there remains a reasonable likelihood that the marriage
can be preserved.

2. The petition in a proceeding for dissolution of marriage or legal
separation shall set forth:

(1) The residence of each party, including the county, and the length of
residence of each party in this state and in the county of residence;

(2) The date of the marriage and the place at which it is registered;

(3) The date on which the parties separated;

(4) The name, date of birth and address of each child, and the parent
with whom each child has primarily resided for the sixty days immediately
preceding the filing of the petition for dissolution of marriage or legal
separation;

(5) Whether the wife is pregnant;

(6) The Social Security number of the petitioner, respondent and each
child;

(7) Any arrangements as to the custody and support of the children and
the maintenance of each party; and

(8) The relief sought.

3. Upon the filing of the petition in a proceeding for dissolution of
marriage or legal separation, each child shall immediately be subject to
the jurisdiction of the court in which the proceeding is commenced,
unless a proceeding involving allegations of abuse or neglect of the
child is pending in juvenile court. Until permitted by order of the
court, neither parent shall remove any child from the jurisdiction of the
court or from any parent with whom the child has primarily resided for
the sixty days immediately preceding the filing of a petition for
dissolution of marriage or legal separation.

4. The mere fact that one parent has actual possession of the child at
the time of filing shall not create a preference in favor of such parent
in any judicial determination regarding custody of the child.

5. The respondent shall be served in the manner provided by the rules of
the supreme court and applicable court rules and, to avoid an
interlocutory judgment of default, shall file a verified answer within
thirty days of the date of service which shall not only admit or deny the
allegations of the petition, but shall also set forth:

(1) The Social Security number of the petitioner, respondent and each
child;

(2) Any arrangements as to the custody and support of the child and the
maintenance of each party; and

(3) The relief sought.

6. Previously existing defenses to divorce and legal separation,
including but not limited to condonation, connivance, collusion,
recrimination, insanity, and lapse of time, are abolished.

7. The petitioner and respondent shall submit a proposed parenting plan,
either individually or jointly, within thirty days after service of
process or the filing of the entry of appearance, whichever event first
occurs of a motion to modify or a petition involving custody or
visitation issues. The proposed parenting plan shall set forth the
arrangements that the party believes to be in the best interest of the
minor children and shall include but not be limited to:

(1) A specific written schedule detailing the custody, visitation and
residential time for each child with each party including:

(a) Major holidays stating which holidays a party has each year;

(b) School holidays for school-age children;

(c) The child's birthday, Mother's Day and Father's Day;

(d) Weekday and weekend schedules and for school-age children how the
winter, spring, summer and other vacations from school will be spent;

(e) The times and places for transfer of the child between the parties in
connection with the residential schedule;

(f) A plan for sharing transportation duties associated with the
residential schedule;

(g) Appropriate times for telephone access;

(h) Suggested procedures for notifying the other party when a party
requests a temporary variation from the residential schedule;

(i) Any suggested restrictions or limitations on access to a party and
the reasons such restrictions are requested;

(2) A specific written plan regarding legal custody which details how the
decision-making rights and responsibilities will be shared between the
parties including the following:

(a) Educational decisions and methods of communicating information from
the school to both parties;

(b) Medical, dental and health care decisions including how health care
providers will be selected and a method of communicating medical
conditions of the child and how emergency care will be handled;

(c) Extracurricular activities, including a method for determining which
activities the child will participate in when those activities involve
time during which each party is the custodian;

(d) Child care providers, including how such providers will be selected;

(e) Communication procedures including access to telephone numbers as
appropriate;

(f) A dispute resolution procedure for those matters on which the parties
disagree or in interpreting the parenting plan;

(g) If a party suggests no shared decision-making, a statement of the
reasons for such a request;

(3) How the expenses of the child, including child care, educational and
extraordinary expenses as defined in the child support guidelines
established by the supreme court, will be paid including:

(a) The suggested amount of child support to be paid by each party;

(b) The party who will maintain or provide health insurance for the child
and how the medical, dental, vision, psychological and other health care
expenses of the child not paid by insurance will be paid by the parties;

(c) The payment of educational expenses, if any;

(d) The payment of extraordinary expenses of the child, if any;

(e) Child care expenses, if any;

(f) Transportation expenses, if any.

8. If the proposed parenting plans of the parties differ and the parties
cannot resolve the differences or if any party fails to file a proposed
parenting plan, upon motion of either party and an opportunity for the
parties to be heard, the court shall enter a temporary order containing a
parenting plan setting forth the arrangements specified in subsection 7
of this section which will remain in effect until further order of the
court. The temporary order entered by the court shall not create a
preference for the court in its adjudication of final custody, child
support or visitation.

9. Within one hundred twenty days after August 28, 1998, the Missouri
supreme court shall have in effect guidelines for a parenting plan form
which may be used by the parties pursuant to this section in any
dissolution of marriage, legal separation or modification proceeding
involving issues of custody and visitation relating to the child.

10. The filing of a parenting plan for any child over the age of eighteen
for whom custody, visitation, or support is being established or modified
by a court of competent jurisdiction is not required. Nothing in this
section shall be construed as precluding the filing of a parenting plan
upon agreement of the parties or if ordered to do so by the court for any
child over the age of eighteen for whom custody, visitation, or support
is being established or modified by a court of competent jurisdiction.
(L. 1973 H.B. 315 § 3, A.L. 1990 H.B. 1370, et al., A.L. 1998 S.B. 910,
A.L. 1999 S.B. 1, et al., A.L. 2004 H.B. 1364 merged with S.B. 1211)

A petition is not filed within the meaning of supreme court rule
53.01 in any cause of action authorized by the provisions of this
chapter, unless a summons is issued forthwith as required by supreme
court rule 54.01, a verified and notarized entry of appearance of
respondent is filed or an attorney files an entry of appearance on behalf
of respondent. (L. 1989 1st Ex. Sess. H.B. 2 § 7, A.L. 1991 S.B. 312,
A.L. 2003 H.B. 613)

1. Every petition for dissolution of marriage or legal
separation, every motion for modification of a decree respecting
maintenance or support, and every petition or motion for support of a
minor child shall contain the name and address of the current employer
and the Social Security number of the petitioner or movant, if a person,
and, if known to petitioner or movant, the name and address of the
current employer and the Social Security number of the respondent.

2. Every responsive pleading to a petition for dissolution of marriage or
legal separation, motion for modification of a decree respecting
maintenance or support, and petition or motion for support of a minor
child shall contain the name and address of the current employer and the
Social Security number of the respondent, if the respondent is a person.

3. Every decree dissolving a marriage, every order modifying a previous
decree of dissolution or divorce, and every order for support of a minor
child shall contain the Social Security numbers of the parties, if
disclosed by the pleadings. (L. 1984 H.B. 1275)

Notwithstanding any other provision of law to the contrary, a
guardian for an incapacitated person may file a petition for dissolution
of the marriage of, or if the incapacitated person has a history of
religious objection to divorce, the guardian may file for a legal
separation for such incapacitated person and may give testimony in
support of the allegations contained in the petition, if the guardian has
reasonable cause to believe that the incapacitated person has been the
victim of abuse by the spouse of such incapacitated person. (L. 1990 H.B.
1370, et al.)

1. In a proceeding for dissolution of marriage or legal
separation, either party may move for temporary maintenance and for
temporary support for each child entitled to support. The motion shall be
accompanied by an affidavit setting forth the factual basis for the
motion and the amounts requested. In a proceeding for disposition of
property, maintenance or support following the dissolution of the
marriage by a court which lacked personal jurisdiction over the absent
spouse, either party may move for maintenance and for support of each
child entitled to support. This motion shall be accompanied by an
affidavit setting forth the factual basis for the motion and the amounts
requested. This motion and the affidavit shall be served as though an
original pleading upon the opposite party.

2. As a part of a motion for temporary maintenance or support or by
independent motion accompanied by affidavit, either party may request the
court to issue an order after notice and hearing:

(1) Restraining any person from transferring, encumbering, concealing, or
in any way disposing of any property except in the usual course of
business or for the necessities of life and, if so restrained, requiring
the person to notify the moving party of any proposed extraordinary
expenditures and to account to the court for all extraordinary
expenditures made after the order is issued;

(2) Enjoining a party from harassing, abusing, molesting or disturbing
the peace of the other party or of any child;

(3) Excluding a party from the family home or from the home of the other
party upon a showing that physical or emotional harm would otherwise
result;

(4) Establishing and ordering compliance with a custody order and
providing for the support of each child.

3. The court may issue a restraining order only if it finds on the
evidence that irreparable injury would result to the moving party if an
order is not issued until the time for answering has elapsed.

4. An answer may be filed within ten days after service of notice of
motion or at the time specified in the restraining order.

5. On the basis of the showing made and in conformity with section
452.335 on maintenance and section 452.340 on support, the court may
issue a temporary injunction and an order for temporary maintenance or
support in such amounts and on such terms as are just and proper in the
circumstances.

6. A restraining order or temporary injunction:

(1) Does not prejudice the rights of the parties or the child which are
to be adjudicated at subsequent hearings in the proceedings;

(2) May be revoked or modified prior to final judgment on a showing by
affidavit of the facts necessary to revocation or modification of a final
judgment pursuant to section 452.370; and

(3) Terminates when the final judgment is entered or when the petition
for dissolution or legal separation is voluntarily dismissed.

7. The court shall enter a temporary order requiring the provision of
child support pending the final judicial determination if there is clear
and convincing evidence establishing a presumption of paternity pursuant
to section 210.822, RSMo. In determining the amount of child support, the
court shall consider the factors set forth in section 452.340.

8. Any order entered in modification or vacation of any temporary order
entered pursuant to this section may be retroactive to the date of entry
of the original temporary order. (L. 1973 H.B. 315 § 4, A.L. 1997 S.B.
361, A.L. 1998 S.B. 910)

From the date of filing of the petition for dissolution of
marriage or legal separation, no party shall terminate coverage during
the pendency of the proceeding for any other party or any minor child of
the marriage under any existing policy of health, dental or vision
insurance. (L. 1998 S.B. 910 § 3)

In any action for dissolution of marriage involving minor
children, the court may order counseling for such children. The court may
assess and apportion the costs of child counseling between the parties.
(L. 1999 S.B. 329 § 1)

1. If both of the parties by petition or otherwise have stated
under oath or affirmation that the marriage is irretrievably broken, or
one of the parties has so stated and the other has not denied it, the
court, after considering the aforesaid petition or statement, and after a
hearing thereon shall make a finding whether or not the marriage is
irretrievably broken and shall enter an order of dissolution or dismissal
accordingly.

2. If one of the parties has denied under oath or affirmation that the
marriage is irretrievably broken, the court shall consider all relevant
factors, including the circumstances that gave rise to the filing of the
petition and the prospect of reconciliation, and after hearing the
evidence shall

(1) Make a finding whether or not the marriage is irretrievably broken,
and in order for the court to find that the marriage is irretrievably
broken, the petitioner shall satisfy the court of one or more of the
following facts:

(a) That the respondent has committed adultery and the petitioner finds
it intolerable to live with the respondent;

(b) That the respondent has behaved in such a way that the petitioner
cannot reasonably be expected to live with the respondent;

(c) That the respondent has abandoned the petitioner for a continuous
period of at least six months preceding the presentation of the petition;

(d) That the parties to the marriage have lived separate and apart by
mutual consent for a continuous period of twelve months immediately
preceding the filing of the petition;

(e) That the parties to the marriage have lived separate and apart for a
continuous period of at least twenty-four months preceding the filing of
the petition; or

(2) Continue the matter for further hearing not less than thirty days or
more than six months later, or as soon thereafter as the matter may be
reached on the court's calendar, and may suggest to the parties that they
seek counseling. No court shall require counseling as a condition
precedent to a decree, nor shall any employee of any court, or of the
state or any political subdivision of the state, be utilized as a
marriage counselor. At the adjourned hearing, the court shall make a
finding whether the marriage is irretrievably broken as set forth in
subdivision (1) above and shall enter an order of dissolution or
dismissal accordingly. (L. 1973 H.B. 315 § 5, A.L. 1977 H.B. 470)

(1976) This act is not a true "no fault" dissolution law and dissolution
should not be granted over the objection of an innocent spouse. In re
Marriage of Mitchell (A.), 545 S.W.2d 313.

(1977) If a party denies under oath that a marriage is irretrievably
broken the court must find one of the statutory grounds has been met.
Failure to prove any of these grounds must result in a refusal to
dissolve the marriage. In re Marriage of Capstick (A.), 547 S.W.2d 522.

(1977) Held, parties had been living "separate and apart" even though
they lived in the same home. In re Marriage of Uhls (A.), 549 S.W.2d 107.

(1977) Failure to mail notice does not deprive the court of jurisdiction.
LeBeau v. LeBeau (A.), 556 S.W.2d 204.

(1977) Court erroneously applied the law by failing to hold a hearing on
whether marriage is irretrievably broken, when absent party, after
receiving notice of interlocutory finding, files an objection within ten
days. Brown v. Brown (A.), 561 S.W.2d 374.

(1978) Court must make specific finding that marriage was irretrievably
broken before granting a decree of dissolution, B.W. v. F.E.W. (A.), 562
S.W.2d 137.

1. To promote the amicable settlement of disputes between the
parties to a marriage attendant upon their separation or the dissolution
of their marriage, the parties may enter into a written separation
agreement containing provisions for the maintenance of either of them,
the disposition of any property owned by either of them, and the custody,
support and visitation of their children.

2. In a proceeding for dissolution of marriage or for legal separation,
the terms of the separation agreement, except terms providing for the
custody, support, and visitation of children, are binding upon the court
unless it finds, after considering the economic circumstances of the
parties and any other relevant evidence produced by the parties, on their
own motion or on request of the court, that the separation agreement is
unconscionable.

3. If the court finds the separation agreement unconscionable, the court
may request the parties to submit a revised separation agreement or the
court may make orders for the disposition of property, support, and
maintenance in accordance with the provisions of sections 452.330,
452.335 and 452.340.

4. If the court finds that the separation agreement is not unconscionable
as to support, maintenance, and property:

(1) Unless the separation agreement provides to the contrary, its terms
shall be set forth in the decree of dissolution or legal separation and
the parties shall be ordered to perform them; or

(2) If the separation agreement provides that its terms shall not be set
forth in the decree, only those terms concerning child support, custody
and visitation shall be set forth in the decree, and the decree shall
state that the court has found the remaining terms not unconscionable.

5. Terms of the agreement set forth in the decree are enforceable by all
remedies available for the enforcement of a judgment, and the court may
punish any party who willfully violates its decree to the same extent as
is provided by law for contempt of the court in any other suit or
proceeding cognizable by the court.

6. Except for terms concerning the support, custody or visitation of
children, the decree may expressly preclude or limit modification of
terms set forth in the decree if the separation agreement so provides.
(L. 1973 H.B. 315 § 6)

Effective 1-1-74

(1979) Purpose of statute to put to rest questions of overreaching and
fraud in the settlement of property questions, does not require the trial
court to make evidentiary examinations of the economic circumstances only
after it is found that the separation agreement is unconscionable. Block
v. Block (A.), 593 S.W.2d 584.

(1987) This section allows but does not require court to investigate and
examine the economic circumstances of the parties to the divorce and
other relevant factors in determining conscionability of the settlement
agreements. Dow v. Dow, 732 S.W.2d 906 (Mo. banc).

(1989) Amendment to statute which changes the age on which the obligation
to pay child support terminates is a change in condition which authorizes
a modification of the judgment where father did not agree to anything
beyond that required by law. (Mo.App.W.D.) Kocherov v. Kocherov, 775
S.W.2d 539.

1. In a proceeding for dissolution of the marriage or legal
separation, or in a proceeding for disposition of property following
dissolution of the marriage by a court which lacked personal jurisdiction
over the absent spouse or lacked jurisdiction to dispose of the property,
the court shall set apart to each spouse such spouse's nonmarital
property and shall divide the marital property and marital debts in such
proportions as the court deems just after considering all relevant
factors including:

(1) The economic circumstances of each spouse at the time the division of
property is to become effective, including the desirability of awarding
the family home or the right to live therein for reasonable periods to
the spouse having custody of any children;

(2) The contribution of each spouse to the acquisition of the marital
property, including the contribution of a spouse as homemaker;

(3) The value of the nonmarital property set apart to each spouse;

(4) The conduct of the parties during the marriage; and

(5) Custodial arrangements for minor children.

2. For purposes of sections 452.300 to 452.415 only, "marital property"
means all property acquired by either spouse subsequent to the marriage
except:

(1) Property acquired by gift, bequest, devise, or descent;

(2) Property acquired in exchange for property acquired prior to the
marriage or in exchange for property acquired by gift, bequest, devise,
or descent;

(3) Property acquired by a spouse after a decree of legal separation;

(4) Property excluded by valid written agreement of the parties; and

(5) The increase in value of property acquired prior to the marriage or
pursuant to subdivisions (1) to (4) of this subsection, unless marital
assets including labor, have contributed to such increases and then only
to the extent of such contributions.

3. All property acquired by either spouse subsequent to the marriage and
prior to a decree of legal separation or dissolution of marriage is
presumed to be marital property regardless of whether title is held
individually or by the spouses in some form of co-ownership such as joint
tenancy, tenancy in common, tenancy by the entirety, and community
property. The presumption of marital property is overcome by a showing
that the property was acquired by a method listed in subsection 2 of this
section.

4. Property which would otherwise be nonmarital property shall not become
marital property solely because it may have become commingled with
marital property.

5. The court's order as it affects distribution of marital property shall
be a final order not subject to modification; provided, however, that
orders intended to be qualified domestic relations orders affecting
pension, profit sharing and stock bonus plans pursuant to the U.S.
Internal Revenue Code shall be modifiable only for the purpose of
establishing or maintaining the order as a qualified domestic relations
order or to revise or conform its terms so as to effectuate the expressed
intent of the* order.

6. A certified copy of any decree of court affecting title to real estate
may be filed for record in the office of the recorder of deeds of the
county and state in which the real estate is situated by the clerk of the
court in which the decree was made. (L. 1973 H.B. 315 § 7, A.L. 1981 H.B.
96, A.L. 1988 H.B. 1272, et al., A.L. 1996 S.B. 869, A.L. 1998 S.B. 910)

*Word "the" omitted from original rolls.

(1975) Rights acquired under a contract to purchase land constitute
"property" and "marital property" and are subject to division by the
court in a dissolution of marriage. Claunch v. Claunch (A.), 525 S.W.2d
788.

(1975) Discussion of items constituting "marital property" and various
awards allowable under this section. Nixon v. Nixon (A.), S.W.2d 835.

(1975) For extensive discussion of the law under this section, see In re
Marriage of Powers (A.), 527 S.W.2d 949.

(1976) All property acquired subsequent to marriage taken in joint names
is marital property subject to division upon dissolution unless (1) it is
shown that such property was acquired in exchange for property acquired
prior to the marriage, and (2) it is shown by clear and convincing
evidence that the transfer was not intended as a provision for a
settlement upon or as a gift to the other spouse. Conrad v. Bowers (A.),
533 S.W.2d 614.

(1976) For the purposes of this division of marital property under this
section, the "conduct" of the parties during the marriage is a relevant
factor to be considered by the trial court and the award to the husband
of all of the real estate determined to be marital property was not
error. Conrad v. Bowers (A.), 533 S.W.2d 614.

(1976) Trial courts are vested with broad discretion in dividing marital
property in dissolution of marriage proceedings. In re Marriage of Vanet
(A.), 544 S.W.2d 236.

(1976) The word "conduct" means general conduct of the parties during the
marriage and is not limited to conduct relating to financial misdeeds.
Butcher v. Butcher (A.), 544 S.W.2d 249.

(1976) For discussion of division of marital property and definition of
same see Davis v. Davis (A.), 544 S.W.2d 259.

(1977) While wife's misconduct was to be taken into account in dividing
marital property, it had begun late in the nineteen year marriage and was
not such as to deprive her of right to share equitably in marital
property. Thus, in addition to shares in closely held corporation awarded
by trial court, she would be awarded a farm acquired by parties during
marriage. Marriage of Schulte (A.), 546 S.W.2d 41.

(1977) Requirement that court make a division of marital property in a
dissolution action is mandatory and failure to comply results in no final
judgment in the action. The fact that a final judgment has not been
rendered bars an appeal under the provisions of § 512.020, RSMo. Corder
v. Corder (A.), 546 S.W.2d 798.

(1977) Property purchased with earnings during marriage is marital
property regardless of how title is taken. Held error to set a future
date for sale of property and allow a party a dollar value when sold.
Inflation could seriously alter the value of the amount received so that
proper judgment should have been for a percentage of the sale to be held
in the future. Ortmann v. Ortmann (A.), 550 S.W.2d 226.

(1977) Held, failure of either party's petition to ask for division of
property does not relieve trial judge from duty to make a division of the
property. Hulsey v. Hulsey, (A.), 550 S.W.2d 902.

(1977) A husband may not voluntarily limit his work to reduce his income
and escape support payments. A court may in proper circumstances impute
an income to a husband according to what he could have earned by the use
of his best efforts. Klinge v. Klinge (A.), 554 S.W.2d 474.

(1978) Statute does not require equal division of marital property, but
only "just" division. This is true where one spouse has engaged in
marital misconduct. Arp v. Arp (A.),572 S.W.2d 232.

(1978) Personal jurisdiction over an absent spouse is not necessary to
confer jurisdiction for the purpose of dividing marital property.
Chenoweth v. Chenoweth (A.), 575 S.W.2d 871.

(1984) "Source of funds" theory, adopted in this case, requires that the
court determine the character of property by the source of funds
financing the purchase, so that the property is considered to have been
"acquired" as it is paid for. This theory allows for reimbursement for
increase in value of the property. Hoffman v. Hoffman (Mo. banc), 676
S.W.2d 817.

(1985) Held, the "source of funds rule" as announced in Hoffman v.
Hoffman, 676 S.W.2d 817 (Mo banc 1984) should be retrospectively applied.
Sumners v. Sumners, (Mo.), 701 S.W.2d 720.

(1987) Goodwill in a professional practice is property subject to
division pursuant to this section and is defined as the value of the
practice which exceeds its tangible assets and which is the result of the
tendency of clients/patients to return to and recommend the practice
irrespective of the reputation of the individual practitioner. Hanson v.
Hanson, 738 S.W.2d 429 (Mo. banc.).

(1987) Proper date for valuing marital property in a dissolution
proceeding is the date of the trial. Taylor v. Taylor, 736 S.W.2d 388
(Mo. banc.).

(1987) It was proper for the court to consider, as an economic
circumstance, in making a division of property, the sums voluntarily
expended by husband for the support and education of a healthy adult
child and to offset the wife's entitlement to husband's retirement pay by
sums she received or would have received in maintenance. In Re Marriage
of Dildy, 737 S.W.2d 756 (Mo.App.S.D.).

(1997) Statute does not allow the court to quash a QDRO and replace it
with a domestic relations order that was not qualified. Offield v.
Offield, 955 S.W.2d 247 (Mo.App.W.D.).

(1999) Statute does not give a trial court discretion to divide and
distribute marital property to the parties' children. Randolph v.
Randolph, 8 S.W.3d 160 (Mo.App.W.D.).

(2003) Section is more specific concerning authorization for modifying
qualified domestic relations order and thus prevails over more general
statute precluding modification of marital property division. Ricketts v.
Ricketts, 113 S.W.3d 255 (Mo.App. W.D.).

1. In a proceeding for nonretroactive invalidity, dissolution of
marriage or legal separation, or a proceeding for maintenance following
dissolution of the marriage by a court which lacked personal jurisdiction
over the absent spouse, the court may grant a maintenance order to either
spouse, but only if it finds that the spouse seeking maintenance:

(1) Lacks sufficient property, including marital property apportioned to
him, to provide for his reasonable needs; and

(2) Is unable to support himself through appropriate employment or is the
custodian of a child whose condition or circumstances make it appropriate
that the custodian not be required to seek employment outside the home.

2. The maintenance order shall be in such amounts and for such periods of
time as the court deems just, and after considering all relevant factors
including:

(1) The financial resources of the party seeking maintenance, including
marital property apportioned to him, and his ability to meet his needs
independently, including the extent to which a provision for support of a
child living with the party includes a sum for that party as custodian;

(2) The time necessary to acquire sufficient education or training to
enable the party seeking maintenance to find appropriate employment;

(3) The comparative earning capacity of each spouse;

(4) The standard of living established during the marriage;

(5) The obligations and assets, including the marital property
apportioned to him and the separate property of each party;

(6) The duration of the marriage;

(7) The age, and the physical and emotional condition of the spouse
seeking maintenance;

(8) The ability of the spouse from whom maintenance is sought to meet his
needs while meeting those of the spouse seeking maintenance;

(9) The conduct of the parties during the marriage; and

(10) Any other relevant factors.

3. The maintenance order shall state if it is modifiable or
nonmodifiable. The court may order maintenance which includes a
termination date. Unless the maintenance order which includes a
termination date is nonmodifiable, the court may order the maintenance
decreased, increased, terminated, extended, or otherwise modified based
upon a substantial and continuing change of circumstances which occurred
prior to the termination date of the original order. (L. 1973 H.B. 315 §
8, A.L. 1988 H.B. 1272, et al.)

(1975) For extensive discussion of the law under this section, see In re
Marriage of Powers (A.), 527 S.W.2d 949.

(1976) This section does not apply to modification of existing
dissolution decree but only to original decree. Modifications are
governed by § 453.370. Sifers v. Sifers (A.), 544 S.W.2d 269.

(1976) For discussion of "abuse of discretion" and items to be considered
in making property settlements, support and attorney's fee awards, see
Beckman v. Beckman (A.), 545 S.W.2d 300.

(1977) Held, trial court erred in making a periodically decreasing or
"stairstepped" award. Modifications must not be made on speculation. In
re Marriage of Cornell (A.), 550 S.W.2d 823.

(1977) Appellate court held that under the circumstances wife, though
guilty of misconduct, was entitled to greater proportion of marital
property and a continuation, after dissolution of marriage, of
maintenance of $375.00 a month awarded by trial court. Marriage of
Schulte (A.), 546 S.W.2d 41.

(1977) Held, "reasonable needs" does not automatically equal the standard
of living established during the marriage. There is an affirmative duty
on the part of a spouse seeking dissolution to seek employment.
Brueggemenn v. Bureggemann (A.), 551 S.W.2d 853.

(1977) Maintenance in gross may be awarded under this section. Miller v.
Miller (A.), 553 S.W.2d 482.

(1977) Statute allowing award of maintenance in gross was not repealed by
the dissolution of marriage statutes and § 452.335 does not preclude
award of maintenance in gross. Carr v. Carr (A.), 556 S.W.2d 511.

1. In a proceeding for dissolution of marriage, legal separation
or child support, the court may order either or both parents owing a duty
of support to a child of the marriage to pay an amount reasonable or
necessary for the support of the child, including an award retroactive to
the date of filing the petition, without regard to marital misconduct,
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 dissolved;

(4) The physical and emotional condition of the child, and the child's
educational needs;

(5) The child's physical and legal custody arrangements, including the
amount of time the child spends with each parent and the reasonable
expenses associated with the custody or visitation 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
abate, in whole or in part, for such periods of time in excess of thirty
consecutive days that the other parent has voluntarily relinquished
physical custody of a child to the parent ordered to pay child support,
notwithstanding any periods of visitation or temporary physical and legal
or physical or legal custody pursuant to a judgment of dissolution or
legal separation or any modification thereof. In a IV-D case, the
division of child support enforcement may determine the amount of the
abatement pursuant to this subsection for any child support order and
shall record the amount of abatement in the automated child support
system record established pursuant to chapter 454, RSMo. If the case is
not a IV-D case and upon court order, the circuit clerk shall record the
amount of abatement in the automated child support system record
established in chapter 454, RSMo.

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 active duty in the military;

(4) Becomes self-supporting, provided that the custodial parent has
relinquished the child from parental control by express or implied
consent;

(5) Reaches age eighteen, unless the provisions of subsection 4 or 5 of
this section apply; or

(6) Reaches age twenty-two, unless the provisions of the child support
order specifically extend the parental support order past the child's
twenty-second birthday for reasons provided by subsection 4 of this
section.

4. If the child is physically or mentally incapacitated from supporting
himself and insolvent 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 enrolled 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 vocational 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 credit 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-two, 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 transcript 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. If the circumstances of the child manifestly dictate,
the court may waive the October first deadline for enrollment required by
this subsection. If the child has pursued a path of continuous attendance
and has demonstrated evidence of a plan to continue to do so, the court
may enter a judgment abating support for a period of up to five months
for any semester in which the child completes at least six but less than
twelve credit hours; however, such five-month period of abatement shall
only be granted one time for each child. If the child is enrolled in such
an institution, the child or parent obligated to pay support may petition
the court to amend the order to direct the obligated parent 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 junior college, community college, college,
or university at which the child attends classes regularly. A child who
has been diagnosed with a learning disability, or whose physical
disability 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 claim
the tax dependency exemption for a child enrolled in an institution of
vocational or higher education in favor of the other parent if the
application of state and federal tax laws and eligibility for financial
aid will make an award of the exemption to the other parent appropriate.

7. The general assembly 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 best interest of the child except for cases where the court
specifically finds that such contact is not in the best interest of the
child. In order to effectuate this public policy, a court with
jurisdiction shall enforce 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 transfer the
physical and legal or physical or legal custody of one or more children
if it finds that a parent has, without good cause, 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 good cause shown, reasonable expenses, attorney's fees
and court costs incurred by the prevailing party.

8. The Missouri supreme court shall have in effect a rule establishing
guidelines by which any award of child support shall be made in any
judicial or administrative proceeding. Said guidelines shall contain
specific, descriptive and numeric criteria which will result in a
computation of the support obligation. The guidelines shall address how
the amount of child support shall be calculated when an award of joint
physical custody results in the child or children spending substantially
equal time with both parents. Not later than October 1, 1998, 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 determination 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, is required if requested
by a party and shall be sufficient to rebut the presumption 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 determines 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 director of the division of child support
enforcement establishes the amount of state debt due pursuant to
subdivision (2) of subsection 1 of section 454.465, RSMo, 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 establishment of a support order and the length of the period of
retroactivity shall be left to the discretion 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 retroactive support amount, when information 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 presumed child support owed
for the period of retroactivity. The court or director may enter a
different amount in a particular case upon finding, after consideration
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 obligation of a parent to make child support payments may be
terminated as follows:

(1) Provided that the child support order contains the child's date of
birth, the obligation shall be deemed terminated without further judicial
or administrative process when the child reaches age twenty-two if the
child support order does not specifically require payment of child
support beyond age twenty-two 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 sworn statement or affidavit notifying the obligor parent of the
child's emancipation 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 child
support obligation, or the division of child support enforcement;

(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 division of child
support enforcement, stating that the child is emancipated and reciting
the factual basis for such statement; which statement or affidavit is
served by the court or division on the child support obligee; and which
is either acknowledged and affirmed 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 division of child support enforcement, 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
division of child support enforcement, 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 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 motion to modify the support obligation pursuant to section 452.370
or section 454.496, RSMo, and shall proceed to hear and adjudicate such
motion as provided by law; provided that the court may require the
payment of a deposit as security for court costs and any accrued court
costs, as provided by law, in relation to such motion to modify.

12. The court may enter a judgment terminating child support pursuant to
subdivisions (1) to (3) of subsection 11 of this section without
necessity of a court appearance by either party. The clerk of the court
shall mail a copy of a judgment terminating child support entered
pursuant to subsection 11 of this section on both the obligor and obligee
parents. The supreme court may promulgate uniform forms for sworn
statements and affidavits to terminate orders of child support
obligations for use pursuant to subsection 11 of this section and
subsection 4 of section 452.370. (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)

(1974) For discussion of child support criteria see Williams v. Williams
(Mo.), 510 S.W.2d 452.

(1977) Held, trial court did not abuse its discretion in awarding income
tax exemption for children to father who did not have custody and was
required to pay twenty dollars a week per child as child support. Roberts
v. Roberts (A.), 553 S.W.2d 305.

(1977) An adopted child is a "child of the marriage" see § 453.090 RSMo.
D.L.C. v. L.C.C. (A.), 559 S.W.2d 623.

(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.).

1. Any person obligated under a judgment or order of a court to
make installment payments of child support or spousal support 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 executed if any installment of
the obligor's support obligation is due or unpaid on the date that the
request is made. If, however, any obligor who is current in payment of
support obligations 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 damages caused by such failure or refusal and may, in
addition to such cause of action, petition a court of competent
jurisdiction 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 class A misdemeanor as provided in section
575.050, RSMo. (L. 1986 H.B. 1479)

The court which issued a judgment or order of child support
payments may, upon petition of the party obligated to make the payments
and upon good cause shown, order the custodial parent to furnish the
party having the support obligation with a regular summary of expenses
paid by the custodial parent on behalf of the child. The court may
prescribe the form and substance of the summary. (L. 1988 H.B. 1272, et
al.)

Notwithstanding any provision of law to the contrary, every
judgment or order issued in this state which, in whole or in part,
affects* child custody, child support, visitation, modification of
custody, support or visitation, or is issued pursuant to section 454.470
or 454.475, RSMo, shall contain the Social Security number of the parties
to the action which gives rise to such judgment or order. (L. 1997 S.B.
361 § 2)

Effective 7-1-97

*Word "effects" appears in original rolls.

1. Upon entry of an order for support or division of property
under this chapter or otherwise, or at any time the court finds any of
the elements which constitute grounds for attachment under section
521.010, RSMo, the court, by its own motion or that of a party or
assignee of a party, may require that the obligor provide sufficient
security, bond or other guarantee to secure the obligation to make
support payments or to secure the division of property, conditioned that
the obligor will pay all support payments as they come due, together with
interest thereon, and will abide the orders of the court with respect to
division of property.

2. The bond shall be filed with the clerk of the circuit court in the
county where the order for support or division of property is filed, and
the bond may be entered into before the clerk, if the court or judge
entering the order for support or division of property shall first
approve of the security.

3. The court, upon default in the condition of the bond, shall enter
judgment against the obligors on the bond, according to the circumstances
of the case, including interest or damages, and may award execution
thereon, or otherwise enforce such judgment, according to the rules and
practice of the court. (L. 1984 H.B. 1275)

1. As used in sections 452.345 to 452.350, the term "IV-D case"
shall mean a case in which support rights have been assigned to the state
of Missouri or where the division of child support enforcement is
providing support enforcement services pursuant to section 454.400, RSMo.

2. At any time the court, upon its own motion, may, or upon the motion of
either party shall, order that maintenance or support payments be made to
the circuit clerk as trustee for remittance to the person entitled to
receive the payments. The circuit clerk shall remit such support payments
to the person entitled to receive the payments within three working days
of receipt by the circuit clerk. Circuit clerks shall deposit all
receipts no later than the next working day after receipt. Payment by a
nonguaranteed negotiable financial instrument occurs when the instrument
has cleared the depository institution and has been credited to the trust
account. Effective October 1, 1999, at any time the court may upon its
own motion, or shall upon the motion of either party, order that support
payments as required by section 454.530, RSMo, be made to the family
support payment center established in section 454.530, RSMo, as trustee
for remittance to the person entitled to receive the payments. However,
in no case shall the court order payments to be made to the payment
center if the division of child support enforcement notifies the court
that such payments shall not be made to the center. In such cases,
payments shall be made to the clerk as trustee until the division
notifies the court that payments shall be directed to the payment center.
Further, with the agreement of the division, the court may order payments
to be made to the payment center prior to October 1, 1999.

3. The circuit clerk shall maintain records in the automated child
support system which list the amount of payments, the date when payments
are required to be made, and the names and addresses of the parties
affected by the order. Nothing in this section shall prohibit the
division of child support enforcement from entering information in the
records of the automated child support system, as provided for in chapter
454, RSMo.

4. The parties affected by the order shall inform the circuit clerk or
the payment center established in section 454.530, RSMo, of any change of
address or of other conditions that may affect the administration of the
order.

5. For any case in which an order for support or maintenance was entered
prior to January 1, 1994, which has not been modified subsequent to that
date, except a IV-D case, if a party becomes delinquent in maintenance or
support payments in an amount equal to one month's total support
obligation, the provisions of this subsection shall apply. If the circuit
clerk has been appointed trustee under subsection 2 of this section, or
if the person entitled to receive the payments files with the clerk an
affidavit stating the particulars of the obligor's noncompliance, the
circuit clerk shall send by regular mail notice of the delinquency to the
obligor. This notice shall advise the obligor of the delinquency, shall
state the amount of the obligation, and shall advise that the obligor's
income is subject to withholding for repayment of the delinquency and for
payment of current support, as provided in section 452.350. For such
cases, the circuit clerk shall, in addition to the notice to the obligor,
send by regular mail a notice to the obligee. This notice shall state the
amount of the delinquency and shall advise the obligee that income
withholding, pursuant to section 452.350, is available for collection of
support delinquencies and current support, and if the support order
includes amounts for child support, that support enforcement services,
pursuant to section 454.425, RSMo, are available through the Missouri
division of child support enforcement of the department of social
services. (L. 1973 H.B. 315 § 10, A.L. 1982 S.B. 468, A.L. 1986 H.B.
1479, A.L. 1990 S.B. 834, A.L. 1996 S.B. 869, A.L. 1997 S.B. 248 merged
with S.B. 361, A.L. 1999 S.B. 291)

Effective 7-1-99

(1976) Proceeding to cite defendant for contempt for failure to pay court
ordered support and maintenance for plaintiff and their minor children
classified as civil contempt and subject to review on appeal. Judgment,
with sentence of imprisonment, reversed and remanded since there was no
evidence from which trial court could have concluded that defendant was
financially able to pay the award. Teefey v. Teefey (Mo.), 533 S.W.2d 563.

(1976) Held that imprisonment for contempt is proper remedy for failure
to comply with court order for maintenance and child support when person
disobeying order has intentionally placed himself in a position which
made compliance impossible. State ex rel. Stanhope v. Pratt overruling
Coughlin v. Ehlert, 39 Mo. 285 (1866). State ex rel. Stanhope v. Pratt
(Mo.), 533 S.W.2d 567.

(1976) Court may not amend an alimony payment order of its own motion.
Dolan v. Dolan (A.), 540 S.W.2d 220.

Upon written request of a parent of a child, as defined in
section 452.302, who is receiving medical assistance pursuant to section
208.151, RSMo, the division of family services shall provide such parent
with documentation that allows the child to obtain medical assistance.
This section shall not apply to parents of children in the custody of a
public agency. (L. 1998 S.B. 910 § 6)

In any proceeding before a court where child support may be
established or modified for an applicant or recipient of child support
services pursuant to chapter 454:

(1) The applicant or recipient of child support enforcement services
shall be provided by any other party with notice pursuant to Rule 41 of
the Missouri rules of civil procedures of all proceedings in which
support obligations may be established or modified. Notice to an attorney
representing a party is deemed notice on the party for purposes of this
section; and

(2) A copy of any order establishing or modifying a child support
obligation, or an order denying a modification shall be mailed to the
division of child support enforcement by the court within fourteen days
of issuance of such order. (L. 1997 S.B. 361)

Effective 7-1-97

1. Until January 1, 1994, except for orders entered or modified
in IV-D cases, each order for child support or maintenance entered or
modified by the court pursuant to the authority of this chapter, or
otherwise, shall include a provision notifying the person obligated to
pay such support or maintenance that, upon application by the obligee or
the Missouri division of child support enforcement of the department of
social services, the obligor's wages or other income shall be subject to
withholding without further notice if the obligor becomes delinquent in
maintenance or child support payments in an amount equal to one month's
total support obligation. The order shall also contain provisions
notifying the obligor that:

(1) The withholding shall be for the current month's maintenance and
support; and

(2) The withholding shall include an additional amount equal to fifty
percent of one month's child support and maintenance to defray delinquent
child support and maintenance, which additional withholding shall
continue until the delinquency is paid in full.

2. For all orders entered or modified in IV-D cases, and effective
January 1, 1994, for every order for child support or maintenance entered
or modified by the court pursuant to the authority of this chapter, or
otherwise, income withholding pursuant to this section shall be initiated
on the effective date of the order, except that such withholding shall
not commence with the effective date of the order in any case where:

(1) One of the parties demonstrates, and the court finds, that there is
good cause not to require immediate income withholding. For purposes of
this subdivision, any finding that there is good cause not to require
immediate withholding must be based on, at least, a written determination
and an explanation by the court that implementing immediate wage
withholding would not be in the best interests of the child and proof of
timely payments of previously ordered support in cases involving the
modification of support orders; or

(2) A written agreement is reached between the parties that provides for
an alternative arrangement.

If the income of an obligor is not withheld as of the effective date of
the support order, pursuant to subdivision (1) or (2) of this subsection,
or otherwise, such obligor's income shall become subject to withholding
pursuant to this section without further exception on the date on which
the obligor becomes delinquent in maintenance or child support payments
in an amount equal to one month's total support obligation. Such
withholding shall be initiated in the manner provided in subsection 4 of
this section. All IV-D orders entered or modified by the court shall
contain a provision notifying the obligor that he or she shall notify the
division of child support enforcement regarding the availability of
medical insurance coverage through an employer or a group plan, provide
the name of the insurance provider when coverage is available, and inform
the division of any change in access to such insurance coverage. Any
income withheld pursuant to this section for a support order initially
entered on or after October 1, 1999, shall be paid to the payment center
pursuant to section 454.530, RSMo. Any order of the court entered on or
after October 1, 1999, establishing the withholding for a support order
as defined in section 454.460, RSMo, or notice from the clerk issued on
or after October 1, 1999, pursuant to this section for a support order
shall require payment to the payment center pursuant to section 454.530,
RSMo.

3. The provisions of section 432.030, RSMo, to the contrary
notwithstanding, if income withholding has not been initiated on the
effective date of the initial or modified order, the obligated party may
execute a voluntary income assignment at any time, which assignment shall
be filed with the court and shall take effect after service on the
employer or other payor.

4. The circuit clerk, upon application of the obligee or the division of
child support enforcement, shall send, by certified mail, return receipt
requested, a written notice to the employer or other payor listed on the
application when the obligated party is subject to withholding pursuant
to the child support order or subsection 2 of this section. For orders
entered or modified in cases known by the circuit clerk to be IV-D cases
in which income withholding is to be initiated on the effective date of
the order, and effective January 1, 1994, for all orders entered or
modified by the court in which income withholding is to be initiated on
the effective date of the order, the circuit clerk shall send such notice
to the employer or other payor in the manner provided by this section at
the time the order is entered without application of any party when an
employer or other payor is identified to the circuit clerk by inclusion
in the pleadings pursuant to section 452.312, or otherwise. The notice of
income withholding shall be prepared by the person entitled to support
pursuant to the order, or the legal representative of that person, on a
form prescribed by the court, and shall be presented to the clerk of the
court at the time the order of support is entered. The notice shall
direct the employer or other payor to withhold each month an amount equal
to one month's child support and maintenance until further notice from
the court. In the event of a delinquency in child support or maintenance
payments in an amount equal to one month's total support obligation, the
notice further shall direct the employer or other payor to withhold each
month an additional amount equal to fifty percent of one month's child
support and maintenance until the support delinquency is paid in full.
The notice shall also include a statement of exemptions which may apply
to limit the portion of the obligated party's disposable earnings which
are subject to the withholding pursuant to federal or state law and
notify the obligor that the obligor may request a hearing and related
information pursuant to this section. The notice shall contain the Social
Security number of the obligor if available. The circuit clerk shall send
a copy of this notice by regular mail to the last known address of the
obligated party. A notice issued pursuant to this section shall be
binding on the employer or other payor, and successor employers and
payors, two weeks after mailing, and shall continue until further order
of the court or the division of child support enforcement. If the notice
does not contain the Social Security number of the obligor, the employer
or other payor shall not be liable for withholding from the incorrect
obligor. The obligated party may, within that two-week period, request a
hearing on the issue of whether the withholding should take effect. The
withholding shall not be held in abeyance pending the outcome of the
hearing. The obligor may not obtain relief from the withholding by paying
overdue support, if any. The only basis for contesting the withholding is
a mistake of fact. For the purpose of this section, "mistake of fact"
shall mean an error in the amount of arrearages, if applicable, or an
error as to the identity of the obligor. The court shall hold its
hearing, enter its order disposing of all issues disputed by the
obligated party, and notify the obligated party and the employer or other
payor, within forty-five days of the date on which the withholding notice
was sent to the employer.

5. For each payment the employer may charge a fee not to exceed six
dollars per month, which shall be deducted from each obligor's moneys,
income or periodic earnings, in addition to the amount deducted to meet
the support or maintenance obligation subject to the limitations
contained in the federal Consumer Credit Protection Act (15 U.S.C. 1673).

6. Upon termination of the obligor's employment with an employer upon
whom a withholding notice has been served, the employer shall so notify
the court in writing. The employer shall also inform the court, in
writing, as to the last known address of the obligor and the name and
address of the obligor's new employer, if known.

7. Amounts withheld by the employer or other payor shall be transmitted,
in accordance with the notice, within seven business days of the date
that such amounts were payable to the obligated party. For purposes of
this section, "business day" means a day that state offices are open for
regular business. The employer or other payor shall, along with the
amounts transmitted, provide the date each amount was withheld from each
obligor. If the employer or other payor is withholding amounts for more
than one order, the employer or other payor may combine all such
withholdings that are payable to the same circuit clerk or the family
support payment center and transmit them as one payment, together with a
separate list identifying the cases to which they apply. The cases shall
be identified by court case number, name of obligor, the obligor's Social
Security number, the IV-D case number, if any, the amount withheld for
each obligor, and the withholding date or dates for each obligor, to the
extent that such information is known to the employer or other payor. An
employer or other payor who fails to honor a withholding notice pursuant
to this section may be held in contempt of court and is liable to the
obligee for the amount that should have been withheld. Compliance by an
employer or other payor with the withholding notice operates as a
discharge of liability to the obligor as to that portion of the obligor's
periodic earnings or other income so affected.

8. As used in this section, the term "employer" includes the state and
its political subdivisions.

9. An employer shall not discharge or otherwise discipline, or refuse to
hire, an employee as a result of a withholding notice issued pursuant to
this section. Any obligor who is aggrieved as a result of a violation of
this subsection may bring a civil contempt proceeding against the
employer by filing an appropriate motion in the cause of action from
which the withholding notice issued. If the court finds that the employer
discharged, disciplined, or refused to hire the obligor as a result of
the withholding notice, the court may order the employer to reinstate or
hire the obligor, or rescind any wrongful disciplinary action. If, after
the entry of such an order, the employer refuses without good cause to
comply with the court's order, or if the employer fails to comply with
the withholding notice, the court may, after notice to the employer and a
hearing, impose a fine against the employer, not to exceed five hundred
dollars. Proceeds of any such fine shall be distributed by the court to
the county general revenue fund.

10. A withholding entered pursuant to this section may, upon motion of a
party and for good cause shown, be amended by the court. The clerk shall
notify the employer of the amendment in the manner provided for in
subsection 4 of this section.

11. The court, upon the motion of obligor and for good cause shown, may
terminate the withholding, except that the withholding shall not be
terminated for the sole reason that the obligor has fully paid past due
child support and maintenance.

12. A withholding effected pursuant to this section shall have priority
over any other legal process pursuant to state law against the same
wages, except that where the other legal process is an order issued
pursuant to this section or section 454.505, RSMo, the processes shall
run concurrently, up to applicable wage withholding limitations. If
concurrently running wage withholding processes for the collection of
support obligations would cause the amounts withheld from the wages of
the obligor to exceed applicable wage withholding limitations and
includes a wage withholding from another state pursuant to section
454.932, RSMo, the employer shall first satisfy current support
obligations by dividing the amount available to be withheld among the
orders on a pro rata basis using the percentages derived from the
relationship each current support order amount has to the sum of all
current child support obligations. Thereafter, delinquencies shall be
satisfied using the same pro rata distribution procedure used for
distributing current support, up to the applicable limitation. If
concurrently running wage withholding processes for the collection of
support obligations would cause the amounts withheld from the wages of
the obligor to exceed applicable wage withholding limitations and does
not include a wage withholding from another state pursuant to section
454.932, RSMo, the employer shall withhold and pay to the payment center
an amount equal to the wage withholding limitations. The payment center
shall first satisfy current support obligations by dividing the amount
available to be withheld among the orders on a pro rata basis using the
percentages derived from the relationship each current support order
amount has to the sum of all current child support obligations.
Thereafter, arrearages shall be satisfied using the same pro rata
distribution procedure used for distributing current support, up to the
applicable limitation.

13. The remedy provided by this section applies to child support and
maintenance orders entered prior to August 13, 1986, notwithstanding the
absence of the notice to the obligor provided for in subsection 1 of this
section, provided that prior notice from the circuit clerk to the obligor
in the manner prescribed in subsection 5 of section 452.345 is given.

14. Notwithstanding any provisions of this section to the contrary, in a
case in which support rights have been assigned to the state or in which
the division of child support enforcement is providing support
enforcement services pursuant to section 454.425, RSMo, the director of
the division of child support enforcement may amend or terminate a
withholding order issued pursuant to this section, as provided in this
subsection without further action of the court. The director may amend or
terminate a withholding order and issue an administrative withholding
order pursuant to section 454.505, RSMo, when the director determines
that children for whom the support order applies are no longer entitled
to support pursuant to section 452.340, when the support obligation
otherwise ends and all arrearages are paid, when the support obligation
is modified pursuant to section 454.500, RSMo, or when the director
enters an order that is approved by the court pursuant to section
454.496, RSMo. The director shall notify the employer and the circuit
clerk of such amendment or termination. The director's administrative
withholding order or withholding termination order shall preempt and
supersede any previous judicial withholding order issued pursuant to this
or any other section.

15. For the purpose of this section, "income" means any periodic form of
payment due to an individual, regardless of source, including wages,
salaries, commissions, bonuses, workers' compensation benefits,
disability benefits, payments pursuant to a pension or a retirement
program and interest.

16. If the secretary of the Department of Health and Human Services
promulgates a final standard format for an employer income withholding
notice, the court shall use or require the use of such notice. (L. 1973
H.B. 315 § 11, A.L. 1982 S.B. 468, A.L. 1984 H.B. 1275, A.L. 1986 H.B.
1479, A.L. 1987 H.B. 484, A.L. 1990 S.B. 834, A.L. 1993 S.B. 253, A.L.
1994 H.B. 1491 & 1134, A.L. 1997 S.B. 361, A.L. 1999 S.B. 291)

Effective 7-1-99

(1980) Statute providing specifically for assignment of future wages upon
order of court for purposes of enforcing order for maintenance created an
exception to § 432.030 prohibiting the assignment of future wages.
Brinley v. Karnes (A.), 595 W.W.2d 465.

1. Unless otherwise indicated, the court from time to time after
considering all relevant factors including the financial resources of
both parties, the merits of the case and the actions of the parties
during the pendency of the action, may order a party to pay a reasonable
amount for the cost to the other party of maintaining or defending any
proceeding pursuant to sections 452.300 to 452.415 and for attorney's
fees, including sums for legal services rendered and costs incurred prior
to the commencement of the proceeding and after entry of a final
judgment. The court may order that the amount be paid directly to the
attorney, who may enforce the order in the attorney's name.

2. In any proceeding in which the failure to pay child support pursuant
to a temporary order or final judgment is an issue, if the court finds
that the obligor has failed, without good cause, to comply with such
order or decree to pay the child support, the court shall order the
obligor, if requested and for good cause shown, to pay a reasonable
amount for the cost of the suit to the obligee, 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 duty of
support 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. (L. 1973 H.B. 315 § 12, A.L. 1988 H.B. 1272, et al.,
A.L. 1998 S.B. 910)

(1977) Prospective termination of spousal maintenance without evidence of
change in circumstances is abuse of discretion. In re Marriage of
Valleroy (A.), 548 S.W.2d 857.

1. A judgment of dissolution of marriage or of legal separation
is final when entered, subject to the right of appeal. An appeal from a
judgment of dissolution that does not challenge the finding that the
marriage is irretrievably broken does not delay the finality of that
provision of the judgment which dissolves the marriage beyond the time
for appealing from that provision, so that either of the parties may
remarry pending appeal.

2. The court's judgment of dissolution of marriage or legal separation as
it affects distribution of marital property shall be a final judgment not
subject to modification.

3. No earlier than ninety days after entry of a judgment of legal
separation, on motion of either party, the court may convert the judgment
of legal separation to a judgment of dissolution of marriage.

4. On motion of both parties, the court shall set aside a judgment of
legal separation.

5. The circuit clerk shall give notice of the entry of a judgment of
legal separation or dissolution to the department of social services. (L.
1973 H.B. 315 § 13, A.L. 1998 S.B. 910)

(1976) Held that court rule 75.01 is not affected by this section and
insofar as an appeal is concerned the judgment does not become final
until thirty days after its entry absent the timely filing of a motion
for new trial. State ex rel. Nilges v. Rush (A.), 532 S.W.2d 857.

(1978) Distinction between separate maintenance and legal separation;
held separate maintenance decree cannot be converted into a decree of
dissolution as a decree of legal separation can. In re Marriage of E. A.
W. (A.), 573 S.W.2d 689.

(1987) Converting a decree of separation into a decree of dissolution is
a new and separate cause of action, so full notice must be given to
adverse parties. Madsen v. Madsen, 731 S.W.2d 324 (Mo.App. E.D.).

(1987) Unappealed partial decree was final although not subject to appeal
and issues unresolved in decree were not abated by death of ex-husband.
Fischer v. Seibel, 733 S.W.2d 469 (Mo.App.W.D.).

If a party fails to comply with a provision of a decree or
temporary order or injunction, the obligation of the other party to make
payments for support or maintenance or to permit visitation is not
suspended but he may move the court to grant an appropriate order. (L.
1973 H.B. 315 § 14)

Effective 1-1-74

1. Except as otherwise provided in subsection 6 of section
452.325, the provisions of any judgment respecting maintenance or support
may be modified only upon a showing of changed circumstances so
substantial and continuing as to make the terms unreasonable. In a
proceeding for modification of any child support or maintenance judgment,
the court, in determining whether or not a substantial change in
circumstances has occurred, shall consider all financial resources of
both parties, including the extent to which the reasonable expenses of
either party are, or should be, shared by a spouse or other person with
whom he or she cohabits, and the earning capacity of a party who is not
employed. If the application of the child support guidelines and criteria
set forth in section 452.340 and applicable supreme court rules to the
financial circumstances of the parties would result in a change of child
support from the existing amount by twenty percent or more, a prima facie
showing has been made of a change of circumstances so substantial and
continuing as to make the present terms unreasonable, if the existing
amount was based upon the presumed amount pursuant to the child support
guidelines.

2. When the party seeking modification has met the burden of proof set
forth in subsection 1 of this section, the child support shall be
determined in conformity with criteria set forth in section 452.340 and
applicable supreme court rules.

3. Unless otherwise agreed in writing or expressly provided in the
judgment, the obligation to pay future statutory maintenance is
terminated upon the death of either party or the remarriage of the party
receiving maintenance.

4. Unless otherwise agreed in writing or expressly provided in the
judgment, provisions for the support of a child are terminated by
emancipation of the child. The parent entitled to receive child support
shall have the duty to notify the parent obligated to pay support of the
child's emancipation and failing to do so, the parent entitled to receive
child support shall be liable to the parent obligated to pay support for
child support paid following emancipation of a minor child, plus interest.

5. If a parent has made an assignment of support rights to the division
of family services on behalf of the state as a condition of eligibility
for benefits pursuant to the Temporary Assistance for Needy Families
program and either party initiates a motion to modify the support
obligation by reducing it, the state of Missouri shall be named as a
party to the proceeding. The state shall be served with a copy of the
motion by sending it by certified mail to the director of the division of
child support enforcement.

6. The court shall have continuing personal jurisdiction over both the
obligee and the obligor of a court order for child support or maintenance
for the purpose of modifying such order. Both obligee and obligor shall
notify, in writing, the clerk of the court in which the support or
maintenance order was entered of any change of mailing address. If
personal service of the motion cannot be had in this state, the motion to
modify and notice of hearing shall be served outside the state as
provided by supreme court rule 54.14. The order may be modified only as
to support or maintenance installments which accrued subsequent to the
date of personal service. For the purpose of 42 U.S.C. 666(a)(9)(C), the
circuit clerk shall be considered the "appropriate agent" to receive
notice of the motion to modify for the obligee or the obligor, but only
in those instances in which personal service could not be had in this
state.

7. If a responsive pleading raising the issues of custody or visitation
is filed in response to a motion to modify child support filed at the
request of the division of child support enforcement by a prosecuting
attorney or circuit attorney or an attorney under contract with the
division, such responsive pleading shall be severed upon request.

8. Notwithstanding any provision of this section which requires a showing
of substantial and continuing change in circumstances, in a IV-D case
filed pursuant to this section by the division of child support
enforcement as provided in section 454.400, RSMo, the court shall modify
a support order in accordance with the guidelines and criteria set forth
in supreme court rule 88.01 and any regulations thereunder if the amount
in the current order differs from the amount which would be ordered in
accordance with such guidelines or regulations. (L. 1973 H.B. 315 § 15,
A.L. 1982 S.B. 468, A.L. 1986 H.B. 1479, A.L. 1987 H.B. 484, A.L. 1988
H.B. 1272, et al., A.L. 1990 S.B. 834, A.L. 1993 S.B. 253, A.L. 1994 H.B.
1491 & 1134, A.L. 1997 S.B. 361, A.L. 1998 S.B. 910)

CROSS REFERENCES: Court may abate past or future support obligation if
custodial parent, without good cause, fails to honor visitation order,
RSMo 452.340 Emancipation of child, factors determining, RSMo 452.340

(1976) Evidence that former husband had suffered, at most, eight percent
reduction in pay since time of divorce, that he had been on strike for
six weeks, and that he had suffered loss of income as result of medical
and dental care held insufficient to show changed circumstances so
substantial and continuing as to make terms of alimony decree
unreasonable. Ward v. Ward (A.), 534 S.W.2d 593.

(1976) Receipt of inheritance by wife held not to constitute such a
change in circumstances as would justify modification of alimony decree
($65,900.00) increase in net worth. Seelig v. Seelig (A.), 540 S.W.2d 142.

(1977) Held that increase of father's income from twenty thousand dollars
a year to fifty-one thousand dollars a year justified increasing child
support from one hundred dollars a month to four hundred fifty dollars a
month. Barnhill v. Barnhill (A.), 547 S.W.2d 858.

(1977) Court seems to say that income of "new" wife is to be considered
as part of father and former husband's "means" in determining amount of
award for attorney's fees and impliedly in computing ability to pay child
support. In re Marriage of Engelhardt (A.), 552 S.W.2d 356.

(1978) Reduction of monthly child support by $140, and not $200, was
authorized, where only changed circumstances following marriage
dissolution was ex-husband's $140 reduced monthly income. Nagel v. Nagel
(A.), 561 S.W.2d 693.

(1978) Held, finding that wife, unemployed at time of divorce, but who
now earned salary of $654 a month, was substantial enough circumstances
to make terms of original decree awarding alimony unreasonable. Stahlhut
v. Stahlhut (A.), 562 S.W.2d 764.

(1978) Held, that although facts that needs of growing children increase,
and increase in income of supporting spouse would support a modification
of decree, it must be shown that their effect make the decree
unreasonable. Plattner v. Plattner (A.), 567 S.W.2d 139.

(1981) Common law rule that parent's obligation for child support
terminates on death of parent was not modified by enactment of statute
governing termination of support by emancipation of child. Bushell v.
Schepp (A.), 613 S.W.2d 689.

(1981) Purpose of statute governing termination of child support is to
make it absolute that, absent express provisions to contrary in divorce
decree or separation agreement, obligation ends upon emancipation and
does not automatically continue to age 21. Bushell v. Schepp (A.), 613
S.W.2d 689.

(1985) The phrase "future statutory maintenance" is held to limit
termination by reason of remarriage to periodic maintenance of indefinite
duration subject to modification upon change of circumstances, as well as
those cases in which the parties have otherwise agreed. An award of
monthly payments to be used only to pay off a marital debt cannot be
considered "statutory maintenance". Lietz v. Moore (A.), 703 S.W.2d 54.

(1986) An award of maintenance in gross payable in installments rendered
under this section is distinct from any award rendered under section
452.080, RSMo, and therefore may terminate with the death or remarriage
of the spouse to whom the award is made. Nelson v. Nelson, 720 S.W.2d 947
(Mo.App.W.D.).

(1987) Custodial parent who petitioned for modification of child support
less than two years after original dissolution decree was not entitled
increase in child support on the basis that, in general, children are
more expensive when they are older but must present specific evidence of
the increased needs of the children for which increased child support is
sought. Farris v. Farris, 733 S.W.2d 819 (Mo.App.W.D.).

(1987) Dissolution decree may expressly provide that ex-husband's
obligation to provide maintenance in the form of life insurance is not
terminated upon his death pursuant to subsection 2 of this section.
McAvinew v. McAvinew, 733 S.W.2d 816 (Mo.App.W.D.).

1. Notwithstanding the provisions of subsection 1 of section
452.455, RSMo, or subsection 6 of section 452.370, RSMo, to the contrary,
the court with jurisdiction may decline to exercise jurisdiction in any
modification proceeding if such court finds that exercise of its
jurisdiction would be clearly inconvenient to either party to the
proceeding. The court shall consider the following factors in determining
whether exercise of its jurisdiction would be clearly inconvenient:

(1) Place of residence of the parties;

(2) Location of witnesses; and

(3) The availability to either party of another more convenient court
with jurisdiction.

2. A finding that a court is a clearly inconvenient forum pursuant to
subsection 1 of this section may be made on the court's own motion or on
the motion of either party to the proceeding.

3. If the court finds that it is an inconvenient forum and a court of
another county is a more appropriate forum, and such court will accept
jurisdiction of the case, the original court shall order a change of
venue to the more appropriate forum and state the reasons for such
change. The clerk shall transmit the original papers with a transcript of
all docket entries to the clerk of the court to which the removal is
ordered or the court may order the clerk to prepare a full transcript of
the record and proceeding in the case, and transmit the same, duly
certified with all the original papers in the civil action but not
forming part of the record to the clerk of the court to which the removal
is ordered. (L. 1997 S.B. 361 § 4)

Effective 7-1-97

1. When a person files a petition for dissolution of marriage or
legal separation and the custody or visitation of a minor child is
involved, the court shall order all parties to the action to attend
educational sessions pursuant to section 452.605. Parties to a
modification proceeding who previously have attended educational sessions
pursuant to section 452.605 may also be required to attend such
educational sessions.

2. In cases involving custody or visitation issues, the court may, except
for good cause shown or as provided in subsection 3 of this section,
order the parties to the action to participate in an alternative dispute
resolution program pursuant to supreme court rule to resolve any issues
in dispute or may set a hearing on the matter. As used in this section,
"good cause" includes, but is not limited to, uncontested custody or
temporary physical custody cases, or a finding of domestic violence or
abuse as determined by a court with jurisdiction after all parties have
received notice and an opportunity to be heard, but does not mean the
absence of qualified mediators.

3. Any alternative dispute resolution program ordered by the court
pursuant to this section may be paid for by the parties in a proportion
to be determined by the court, the cost of which shall be reasonable and
customary for the circuit in which the program is ordered, and shall:

(1) Not be binding on the parties;

(2) Not be ordered or used for contempt proceedings;

(3) Not be ordered or utilized for child support issues; and

(4) Not be used to modify a prior order of the court, except by agreement
of the parties.

4. Within one hundred twenty days after August 28, 1998, the Missouri
supreme court shall have a rule in effect allowing, but not requiring,
each circuit to establish an alternative dispute resolution program for
proceedings involving issues of custody and temporary physical custody
relating to the child. (L. 1998 S.B. 910)

1. As used in this chapter, unless the context clearly indicates
otherwise:

(1) "Custody" means joint legal custody, sole legal custody, joint
physical custody or sole physical custody or any combination thereof;

(2) "Joint legal custody" means that the parents share the
decision-making rights, responsibilities, and authority relating to the
health, education and welfare of the child, and, unless allocated,
apportioned, or decreed, the parents shall confer with one another in the
exercise of decision-making rights, responsibilities, and authority;

(3) "Joint physical custody" means an order awarding each of the parents
significant, but not necessarily equal, periods of time during which a
child resides with or is under the care and supervision of each of the
parents. Joint physical custody shall be shared by the parents in such a
way as to assure the child of frequent, continuing and meaningful contact
with both parents;

(4) "Third-party custody" means a third party designated as a legal and
physical custodian pursuant to subdivision (5) of subsection 5 of this
section.

2. The court shall determine custody in accordance with the best
interests of the child. The court shall consider all relevant factors
including:

(1) The wishes of the child's parents as to custody and the proposed
parenting plan submitted by both parties;

(2) The needs of the child for a frequent, continuing and meaningful
relationship with both parents and the ability and willingness of parents
to actively perform their functions as mother and father for the needs of
the child;

(3) The interaction and interrelationship of the child with parents,
siblings, and any other person who may significantly affect the child's
best interests;

(4) Which parent is more likely to allow the child frequent, continuing
and meaningful contact with the other parent;

(5) The child's adjustment to the child's home, school, and community;

(6) The mental and physical health of all individuals involved, including
any history of abuse of any individuals involved. If the court finds that
a pattern of domestic violence has occurred, and, if the court also finds
that awarding custody to the abusive parent is in the best interest of
the child, then the court shall enter written findings of fact and
conclusions of law. Custody and visitation rights shall be ordered in a
manner that best protects the child and any other child or children for
whom the parent has custodial or visitation rights, and the parent or
other family or household member who is the victim of domestic violence
from any further harm;

(7) The intention of either parent to relocate the principal residence of
the child; and

(8) The wishes of a child as to the child's custodian.

The fact that a parent sends his or her child or children to a home
school, as defined in section 167.031, RSMo, shall not be the sole factor
that a court considers in determining custody of such child or children.

3. (1) In any court proceedings relating to custody of a child, the court
shall not award custody or unsupervised visitation of a child to a parent
if such parent or any person residing with such parent has been found
guilty of, or pled guilty to, any of the following offenses when a child
was the victim:

(a) A felony violation of section 566.030, 566.032, 566.040, 566.060,
566.062, 566.064, 566.067, 566.068, 566.070, 566.083, 566.090, 566.100,
566.111, 566.151, 566.203, 566.206, 566.209, 566.212, or 566.215, RSMo;

(b) A violation of section 568.020, RSMo;

(c) A violation of subdivision (2) of subsection 1 of section 568.060,
RSMo;

(d) A violation of section 568.065, RSMo;

(e) A violation of section 568.080, RSMo;

(f) A violation of section 568.090, RSMo; or

(g) A violation of section 568.175, RSMo.

(2) For all other violations of offenses in chapters 566 and 568, RSMo,
not specifically listed in subdivision (1) of this subsection or for a
violation of an offense committed in another state when a child is the
victim that would be a violation of chapter 566 or 568, RSMo, if
committed in Missouri, the court may exercise its discretion in awarding
custody or visitation of a child to a parent if such parent or any person
residing with such parent has been found guilty of, or pled guilty to,
any such offense.

4. The general assembly 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 best interest of the child, except for cases where the court
specifically finds that such contact is not in the best interest of the
child, and that it is the public policy of this state to encourage
parents to participate in decisions affecting the health, education and
welfare of their children, and to resolve disputes involving their
children amicably through alternative dispute resolution. In order to
effectuate these policies, the court shall determine the custody
arrangement which will best assure both parents participate in such
decisions and have frequent, continuing and meaningful contact with their
children so long as it is in the best interests of the child.

5. Prior to awarding the appropriate custody arrangement in the best
interest of the child, the court shall consider each of the following as
follows:

(1) Joint physical and joint legal custody to both parents, which shall
not be denied solely for the reason that one parent opposes a joint
physical and joint legal custody award. The residence of one of the
parents shall be designated as the address of the child for mailing and
educational purposes;

(2) Joint physical custody with one party granted sole legal custody. The
residence of one of the parents shall be designated as the address of the
child for mailing and educational purposes;

(3) Joint legal custody with one party granted sole physical custody;

(4) Sole custody to either parent; or

(5) Third-party custody or visitation:

(a) When the court finds that each parent is unfit, unsuitable, or unable
to be a custodian, or the welfare of the child requires, and it is in the
best interests of the child, then custody, temporary custody or
visitation may be awarded to any other person or persons deemed by the
court to be suitable and able to provide an adequate and stable
environment for the child. Before the court awards custody, temporary
custody or visitation to a third person under this subdivision, the court
shall make that person a party to the action;

(b) Under the provisions of this subsection, any person may petition the
court to intervene as a party in interest at any time as provided by
supreme court rule.

6. If the parties have not agreed to a custodial arrangement, or the
court determines such arrangement is not in the best interest of the
child, the court shall include a written finding in the judgment or order
based on the public policy in subsection 4 of this section and each of
the factors listed in subdivisions (1) to (8) of subsection 2 of this
section detailing the specific relevant factors that made a particular
arrangement in the best interest of the child. If a proposed custodial
arrangement is rejected by the court, the court shall include a written
finding in the judgment or order detailing the specific relevant factors
resulting in the rejection of such arrangement.

7. Upon a finding by the court that either parent has refused to exchange
information with the other parent, which shall include but not be limited
to information concerning the health, education and welfare of the child,
the court shall order the parent to comply immediately and to pay the
prevailing party a sum equal to the prevailing party's cost associated
with obtaining the requested information, which shall include but not be
limited to reasonable attorney's fees and court costs.

8. As between the parents of a child, no preference may be given to
either parent in the awarding of custody because of that parent's age,
sex, or financial status, nor because of the age or sex of the child.

9. Any judgment providing for custody shall include a specific written
parenting plan setting forth the terms of such parenting plan
arrangements specified in subsection 7 of section 452.310. Such plan may
be a parenting plan submitted by the parties pursuant to section 452.310
or, in the absence thereof, a plan determined by the court, but in all
cases, the custody plan approved and ordered by the court shall be in the
court's discretion and shall be in the best interest of the child.

10. Unless a parent has been denied custody rights pursuant to this
section or visitation rights under section 452.400, both parents shall
have access to records and information pertaining to a minor child,
including, but not limited to, medical, dental, and school records. If
the parent without custody has been granted restricted or supervised
visitation because the court has found that the parent with custody or
any child has been the victim of domestic violence, as defined in section
455.200, RSMo, by the parent without custody, the court may order that
the reports and records made available pursuant to this subsection not
include the address of the parent with custody or the child. Unless a
parent has been denied custody rights pursuant to this section or
visitation rights under section 452.400, any judgment of dissolution or
other applicable court order shall specifically allow both parents access
to such records and reports.

11. Except as otherwise precluded by state or federal law, if any
individual, professional, public or private institution or organization
denies access or fails to provide or disclose any and all records and
information, including, but not limited to, past and present dental,
medical and school records pertaining to a minor child, to either parent
upon the written request of such parent, the court shall, upon its
finding that the individual, professional, public or private institution
or organization denied such request without good cause, order that party
to comply immediately with such request and to pay to the prevailing
party all costs incurred, including, but not limited to, attorney's fees
and court costs associated with obtaining the requested information.

12. An award of joint custody does not preclude an award of child support
pursuant to section 452.340 and applicable supreme court rules. The court
shall consider the factors contained in section 452.340 and applicable
supreme court rules in determining an amount reasonable or necessary for
the support of the child.

13. If the court finds that domestic violence or abuse, as defined in
sections 455.010 and 455.501, RSMo, has occurred, the court shall make
specific findings of fact to show that the custody or visitation
arrangement ordered by the court best protects the child and the parent
or other family or household member who is the victim of domestic
violence or abuse, as defined in sections 455.010 and 455.501, RSMo, and
any other children for whom such parent has custodial or visitation
rights from any further harm. (L. 1973 H.B. 315 § 16, A.L. 1982 S.B. 468,
A.L. 1983 S.B. 94, A.L. 1984 H.B. 1513 subsecs. 1 to 5, 7, A.L. 1986 H.B.
1479, A.L. 1988 H.B. 1272, et al., A.L. 1989 H.B. 422, A.L. 1990 H.B.
1370, et al., A.L. 1993 S.B. 180, A.L. 1995 S.B. 174, A.L. 1998 S.B. 910,
A.L. 2004 H.B. 1453, A.L. 2005 H.B. 568)

(1976) The desirability of awarding custody of children of tender years,
especially girls, to their mother should not be indulged in to the extent
of excluding all other relevant matters. R.G.T. v. Y.G.T. (A.), 543
S.W.2d 330.

(1976) This section does not change the ruling case law that general
custody of a child must be awarded to one parent or the other unless they
are both unfit. Decree awarding joint custody held void. Cradic v. Cradic
(A.), 544 S.W.2d 605.

(1976) Child support portion of decree ordering husband to "maintain and
provide for the necessities for the two children born of this marriage"
held to be indefinite and void. Since it is a judgment for money, decree
must specify with certainty the amount for which it is rendered. Cradic
v. Cradic (A.), 544 S.W.2d 605.

(1977) Held, giving father temporary custody of children five times a
year was abuse of discretion when children lived in Maine and father in
Missouri. Taylor v. Taylor (A.), 548 S.W.2d 866.

(1985) Held that this section does not require agreement between the
parties as a prerequisite of joint custody. The court may order joint
custody over the objection of a parent. Goldberg v. Goldberg (A.), 691
S.W.2d 312.

(1987) Husband was properly awarded the house and custody of the children
and wife's visitation rights were properly limited in view of wife's
decision to openly practice homosexuality and court was not in error for
amending judgment of decree ten days after it had been entered into the
record taking the home, custody of the children, maintenance and support
away from wife after husband discovered his wife's homosexual relations.
S.E.G. v. R.A.G., 735 S.W.2d 164 (Mo.App. E.D.).

(2003) Provision prohibiting sole consideration of home schooling in
custody determination applies to issue of whether such a factor
constitutes a change in circumstances warranting modification. Heslop v.
Sanderson, 123 S.W.3d 214 (Mo.App. W.D.).

1. Unless a noncustodial parent has been denied visitation
rights under section 452.400, such noncustodial parent or any parent who
has joint custody of a child shall, upon request and payment of an
administrative fee sufficient to cover the cost, receive any deficiency
slips, report cards or pertinent progress reports regarding that child's
progress in school. If a noncustodial parent has been granted restricted
or supervised visitation because the court has found that the custodial
parent or the child has been the victim of domestic violence or abuse, as
defined in sections 455.010 and 455.501, RSMo, by the noncustodial
parent, the court may order that the reports and records made available
pursuant to this subsection not include the address of the custodial
parent or the child.

2. School districts shall annually set an administrative fee estimated to
cover the costs of preparing, copying and mailing the student information
required to be provided pursuant to this section. (L. 1989 H.B. 422 § 1,
A.L. 1993 S.B. 180, A.L. 1998 S.B. 910)

1. For purposes of this section and section 452.375, "relocate"
or "relocation" means a change in the principal residence of a child for
a period of ninety days or more, but does not include a temporary absence
from the principal residence.

2. Notice of a proposed relocation of the residence of the child, or any
party entitled to custody or visitation of the child, shall be given in
writing by certified mail, return receipt requested, to any party with
custody or visitation rights. Absent exigent circumstances as determined
by a court with jurisdiction, written notice shall be provided at least
sixty days in advance of the proposed relocation. The notice of the
proposed relocation shall include the following information:

(1) The intended new residence, including the specific address and
mailing address, if known, and if not known, the city;

(2) The home telephone number of the new residence, if known;

(3) The date of the intended move or proposed relocation;

(4) A brief statement of the specific reasons for the proposed relocation
of a child, if applicable; and

(5) A proposal for a revised schedule of custody or visitation with the
child, if applicable.

3. A party required to give notice of a proposed relocation pursuant to
subsection 2 of this section has a continuing duty to provide a change in
or addition to the information required by this section as soon as such
information becomes known.

4. In exceptional circumstances where the court makes a finding that the
health or safety of any adult or child would be unreasonably placed at
risk by the disclosure of the required identifying information concerning
a proposed relocation of the child, the court may order that:

(1) The specific residence address and telephone number of the child,
parent or person, and other identifying information shall not be
disclosed in the pleadings, notice, other documents filed in the
proceeding or the final order except for an in camera disclosure;

(2) The notice requirements provided by this section shall be waived to
the extent necessary to protect the health or safety of a child or any
adult; or

(3) Any other remedial action the court considers necessary to facilitate
the legitimate needs of the parties and the best interest of the child.

5. The court shall consider a failure to provide notice of a proposed
relocation of a child as:

(1) A factor in determining whether custody and visitation should be
modified;

(2) A basis for ordering the return of the child if the relocation occurs
without notice; and

(3) Sufficient cause to order the party seeking to relocate the child to
pay reasonable expenses and attorneys fees incurred by the party
objecting to the relocation.

6. If the parties agree to a revised schedule of custody and visitation
for the child, which includes a parenting plan, they may submit the terms
of such agreement to the court with a written affidavit signed by all
parties with custody or visitation assenting to the terms of the
agreement, and the court may order the revised parenting plan and
applicable visitation schedule without a hearing.

7. The residence of the child may be relocated sixty days after providing
notice, as required by this section, unless a parent files a motion
seeking an order to prevent the relocation within thirty days after
receipt of such notice. Such motion shall be accompanied by an affidavit
setting forth the specific factual basis supporting a prohibition of the
relocation. The person seeking relocation shall file a response to the
motion within fourteen days, unless extended by the court for good cause,
and include a counter-affidavit setting forth the facts in support of the
relocation as well as a proposed revised parenting plan for the child.

8. If relocation of the child is proposed, a third party entitled by
court order to legal custody of or visitation with a child and who is not
a parent may file a cause of action to obtain a revised schedule of legal
custody or visitation, but shall not prevent a relocation.

9. The party seeking to relocate shall have the burden of proving that
the proposed relocation is made in good faith and is in the best interest
of the child.

10. If relocation is permitted:

(1) The court shall order contact with the nonrelocating party including
custody or visitation and telephone access sufficient to assure that the
child has frequent, continuing and meaningful contact with the
nonrelocating party unless the child's best interest warrants* otherwise;
and

(2) The court shall specify how the transportation costs will be
allocated between the parties and adjust the child support, as
appropriate, considering the costs of transportation.

11. After August 28, 1998, every court order establishing or modifying
custody or visitation shall include the following language: "Absent
exigent circumstances as determined by a court with jurisdiction, you, as
a party to this action, are ordered to notify, in writing by certified
mail, return receipt requested, and at least sixty days prior to the
proposed relocation, each party to this action of any proposed relocation
of the principal residence of the child, including the following
information:

(1) The intended new residence, including the specific address and
mailing address, if known, and if not known, the city;

(2) The home telephone number of the new residence, if known;

(3) The date of the intended move or proposed relocation;

(4) A brief statement of the specific reasons for the proposed relocation
of the child; and

(5) A proposal for a revised schedule of custody or visitation with the
child.

Your obligation to provide this information to each party continues as
long as you or any other party by virtue of this order is entitled to
custody of a child covered by this order. Your failure to obey the order
of this court regarding the proposed relocation may result in further
litigation to enforce such order, including contempt of court. In
addition, your failure to notify a party of a relocation of the child may
be considered in a proceeding to modify custody or visitation with the
child. Reasonable costs and attorney fees may be assessed against you if
you fail to give the required notice.".

12. Violation of the provisions of this section or a court order under
this section may be deemed a change of circumstance under section
452.410, allowing the court to modify the prior custody decree. In
addition, the court may utilize any and all powers relating to contempt
conferred on it by law or rule of the Missouri supreme court.

13. Any party who objects in good faith to the relocation of a child's
principal** residence shall not be ordered to pay the costs and
attorney's fees of the party seeking to relocate. (L. 1984 H.B. 1513 §
452.375 subsec. 6, A.L. 1998 S.B. 910)

*Word "warrant" appears in original rolls.

**Word "principle" appears in original rolls.

1. A party to a custody proceeding may move for a temporary
custody order. The motion must be supported by an affidavit. The court
may award temporary custody after a hearing or, if there is no objection,
solely on the basis of the affidavits.

2. If a proceeding for dissolution of marriage or legal separation is
dismissed, any temporary custody order is vacated unless a parent or the
child's custodian moves that the proceeding continue as a custody
proceeding and the court finds, after a hearing, that the circumstances
of the parents and the best interest of the child require that a custody
decree be issued. (L. 1973 H.B. 315 § 17)

Effective 1-1-74

The court may interview the child in chambers to ascertain the
child's wishes as to his custodian and relevant matters within his
knowledge. The court shall permit counsel to be present at the interview
and to participate therein. The court shall cause a record of the
interview to be made and to be made part of the record in the case. (L.
1973 H.B. 315 § 18)

Effective 1-1-74

(1975) Held failure to allow counsel to be present and failure to make a
record of judge's interview with children was reversible error. Duncan v.
Duncan (A.), 528 S.W.2d 806.

(1976) Held that court order which directed in chambers interview record
sealed and did not make it part of record on appeal was not arbitrary and
appellant's failure to take steps to make record available bars his claim
for relief. A.M.S. v. J.L.S. (A.), 544 S.W.2d 885.

1. The court may order an investigation and report concerning
custodial arrangements for the child. The investigation and report may be
made by the county welfare office, the county juvenile officer, or any
other competent person.

2. In preparing his report concerning a child, the investigator may
consult any person who may have information about the child and his
potential custodial arrangements. Upon order of the court, the
investigator may refer the child to professional personnel for diagnosis.
The investigator may consult with and obtain information from medical,
psychiatric, or other expert persons who have served the child in the
past without obtaining the consent of the parent or the child's
custodian, but the child's consent must be obtained if he has reached the
age of sixteen, unless the court finds that he lacks mental capacity to
consent.

3. At least ten days prior to the hearing the investigator shall furnish
his report to counsel and to any party not represented by counsel. No one
else, including the court, shall be entitled thereto prior to the
hearing. The investigator shall make available to counsel and to any
party not represented by counsel an investigator's file of underlying
data and reports, complete texts of diagnostic reports made to the
investigator pursuant to the provisions of subsection 2, and the names
and addresses of all persons whom the investigator has consulted. Any
party to the proceeding may call as witnesses the investigator and any
person whom the investigator has consulted. (L. 1973 H.B. 315 § 19)

Effective 1-1-74

1. Custody proceedings shall receive priority in being set for
hearing.

2. The court without a jury shall determine questions of law and fact. If
it finds that a public hearing may be detrimental to the child's best
interests, the court may exclude the public from a custody hearing, but
may admit any person who has a direct and legitimate interest in the
particular case.

3. If the court finds it necessary to protect the child's welfare that
the record of any interview, report, investigation, or testimony in a
custody proceeding be kept secret, the court may make an appropriate
order sealing the record. (L. 1973 H.B. 315 § 20, A.L. 1996 S.B. 869)

Effective 7-1-97

1. (1) A parent not granted custody of the child is entitled to
reasonable visitation rights unless the court finds, after a hearing,
that visitation would endanger the child's physical health or impair his
or her emotional development. The court shall enter an order specifically
detailing the visitation rights of the parent without physical custody
rights to the child and any other children for whom such parent has
custodial or visitation rights. In determining the granting of visitation
rights, the court shall consider evidence of domestic violence. If the
court finds that domestic violence has occurred, the court may find that
granting visitation to the abusive party is in the best interests of the
child.

(2) (a) The court shall not grant visitation to the parent not granted
custody if such parent or any person residing with such parent has been
found guilty of or pled guilty to any of the following offenses when a
child was the victim:

a. A felony violation of section 566.030, 566.032, 566.040, 566.060,
566.062, 566.064, 566.067, 566.068, 566.070, 566.083, 566.090, 566.100,
566.111, 566.151, 566.203, 566.206, 566.209, 566.212, or 566.215, RSMo;

b. A violation of section 568.020, RSMo;

c. A violation of subdivision (2) of subsection 1 of section 568.060,
RSMo;

d. A violation of section 568.065, RSMo;

e. A violation of section 568.080, RSMo;

f. A violation of section 568.090, RSMo; or

g. A violation of section 568.175, RSMo.

(b) For all other violations of offenses in chapters 566 and 568, RSMo,
not specifically listed in paragraph (a) of this subdivision or for a
violation of an offense committed in another state when a child is the
victim that would be a violation of chapter 566 or 568, RSMo, if
committed in Missouri, the court may exercise its discretion in granting
visitation to a parent not granted custody if such parent or any person
residing with such parent has been found guilty of, or pled guilty to,
any such offense.

(3) The court shall consider the parent's history of inflicting, or
tendency to inflict, physical harm, bodily injury, assault, or the fear
of physical harm, bodily injury, or assault on other persons and shall
grant visitation in a manner that best protects the child and the parent
or other family or household member who is the victim of domestic
violence, and any other children for whom the parent has custodial or
visitation rights from any further harm.

(4) The court, if requested by a party, shall make specific findings of
fact to show that the visitation arrangements made by the court best
protect the child or the parent or other family or household member who
is the victim of domestic violence, or any other child for whom the
parent has custodial or visitation rights from any further harm.

2. (1) The court may modify an order granting or denying visitation
rights whenever modification would serve the best interests of the child,
but the court shall not restrict a parent's visitation rights unless it
finds that the visitation would endanger the child's physical health or
impair his or her emotional development.

(2) (a) In any proceeding modifying visitation rights, the court shall
not grant unsupervised visitation to a parent if the parent or any person
residing with such parent has been found guilty of or pled guilty to any
of the following offenses when a child was the victim:

a. A felony violation of section 566.030, 566.032, 566.040, 566.060,
566.062, 566.064, 566.067, 566.068, 566.070, 566.083, 566.090, 566.100,
566.111, 566.151, 566.203, 566.206, 566.209, 566.212, or 566.215, RSMo;

b. A violation of section 568.020, RSMo;

c. A violation of subdivision (2) of subsection 1 of section 568.060,
RSMo;

d. A violation of section 568.065, RSMo;

e. A violation of section 568.080, RSMo;

f. A violation of section 568.090, RSMo; or

g. A violation of section 568.175, RSMo.

(b) For all other violations of offenses in chapters 566 and 568, RSMo,
not specifically listed in paragraph (a) of this subdivision or for a
violation of an offense committed in another state when a child is the
victim that would be a violation of chapter 566 or 568, RSMo, if
committed in Missouri, the division may exercise its discretion regarding
the placement of a child taken into the custody of the state in which a
parent or any person residing in the home has been found guilty of, or
pled guilty to, any such offense.

(3) When a court restricts a parent's visitation rights or when a court
orders supervised visitation because of allegations of abuse or domestic
violence, a showing of proof of treatment and rehabilitation shall be
made to the court before unsupervised visitation may be ordered.
"Supervised visitation", as used in this section, is visitation which
takes place in the presence of a responsible adult appointed by the court
for the protection of the child.

3. The court shall mandate compliance with its order by all parties to
the action, including parents, children and third parties. In the event
of noncompliance, the aggrieved person may file a verified motion for
contempt. If custody, visitation or third-party custody is denied or
interfered with by a parent or third party without good cause, the
aggrieved person may file a family access motion with the court stating
the specific facts which constitute a violation of the judgment of
dissolution or legal separation. The state courts administrator shall
develop a simple form for pro se motions to the aggrieved person, which
shall be provided to the person by the circuit clerk. Clerks, under the
supervision of a circuit clerk, shall explain to aggrieved parties the
procedures for filing the form. Notice of the fact that clerks will
provide such assistance shall be conspicuously posted in the clerk's
offices. The location of the office where the family access motion may be
filed shall be conspicuously posted in the court building. The
performance of duties described in this section shall not constitute the
practice of law as defined in section 484.010, RSMo. Such form for pro se
motions shall not require the assistance of legal counsel to prepare and
file. The cost of filing the motion shall be the standard court costs
otherwise due for instituting a civil action in the circuit court.

4. Within five court days after the filing of the family access motion
pursuant to subsection 3 of this section, the clerk of the court shall
issue a summons pursuant to applicable state law, and applicable local or
supreme court rules. A copy of the motion shall be personally served upon
the respondent by personal process server as provided by law or by any
sheriff. Such service shall be served at the earliest time and shall take
priority over service in other civil actions, except those of an
emergency nature or those filed pursuant to chapter 455, RSMo. The motion
shall contain the following statement in boldface type:

"PURSUANT TO SECTION 452.400, RSMO, YOU ARE REQUIRED TO RESPOND TO THE
CIRCUIT CLERK WITHIN TEN DAYS OF THE DATE OF SERVICE. FAILURE TO RESPOND
TO THE CIRCUIT CLERK MAY RESULT IN THE FOLLOWING:

(1) AN ORDER FOR A COMPENSATORY PERIOD OF CUSTODY, VISITATION OR
THIRD-PARTY CUSTODY AT A TIME CONVENIENT FOR THE AGGRIEVED PARTY NOT LESS
THAN THE PERIOD OF TIME DENIED;

(2) PARTICIPATION BY THE VIOLATOR IN COUNSELING TO EDUCATE THE VIOLATOR
ABOUT THE IMPORTANCE OF PROVIDING THE CHILD WITH A CONTINUING AND
MEANINGFUL RELATIONSHIP WITH BOTH PARENTS;

(3) ASSESSMENT OF A FINE OF UP TO FIVE HUNDRED DOLLARS AGAINST THE
VIOLATOR;

(4) REQUIRING THE VIOLATOR TO POST BOND OR SECURITY TO ENSURE FUTURE
COMPLIANCE WITH THE COURT'S ORDERS;

(5) ORDERING THE VIOLATOR TO PAY THE COST OF COUNSELING TO REESTABLISH
THE PARENT-CHILD RELATIONSHIP BETWEEN THE AGGRIEVED PARTY AND THE CHILD;
AND

(6) A JUDGMENT IN AN AMOUNT NOT LESS THAN THE REASONABLE EXPENSES,
INCLUDING ATTORNEY'S FEES AND COURT COSTS ACTUALLY INCURRED BY THE
AGGRIEVED PARTY AS A RESULT OF THE DENIAL OF CUSTODY, VISITATION OR
THIRD-PARTY CUSTODY.".

5. If an alternative dispute resolution program is available pursuant to
section 452.372, the clerk shall also provide information to all parties
on the availability of any such services, and within fourteen days of the
date of service, the court may schedule alternative dispute resolution.

6. Upon a finding by the court pursuant to a motion for a family access
order or a motion for contempt that its order for custody, visitation or
third-party custody has not been complied with, without good cause, the
court shall order a remedy, which may include, but not be limited to:

(1) A compensatory period of visitation, custody or third-party custody
at a time convenient for the aggrieved party not less than the period of
time denied;

(2) Participation by the violator in counseling to educate the violator
about the importance of providing the child with a continuing and
meaningful relationship with both parents;

(3) Assessment of a fine of up to five hundred dollars against the
violator payable to the aggrieved party;

(4) Requiring the violator to post bond or security to ensure future
compliance with the court's access orders; and

(5) Ordering the violator to pay the cost of counseling to reestablish
the parent-child relationship between the aggrieved party and the child.

7. The reasonable expenses incurred as a result of denial or interference
with custody or visitation, including attorney's fees and costs of a
proceeding to enforce visitation rights, custody or third-party custody,
shall be assessed, if requested and for good cause, against the parent or
party who unreasonably denies or interferes with visitation, custody or
third-party custody. In addition, the court may utilize any and all
powers relating to contempt conferred on it by law or rule of the
Missouri supreme court.

8. Final disposition of a motion for a family access order filed pursuant
to this section shall take place not more than sixty days after the
service of such motion, unless waived by the parties or determined to be
in the best interest of the child. Final disposition shall not include
appellate review.

9. Motions filed pursuant to this section shall not be deemed an
independent civil action from the original action pursuant to which the
judgment or order sought to be enforced was entered. (L. 1973 H.B. 315 §
21, A.L. 1977 S.B. 430, A.L. 1982 S.B. 468, A.L. 1983 S.B. 94, A.L. 1988
H.B. 1272, et al., A.L. 1989 H.B. 422, A.L. 1993 S.B. 180, A.L. 1995 S.B.
174, A.L. 1998 S.B. 910, A.L. 1999 S.B. 1, et al., A.L. 2004 H.B. 1453,
A.L. 2005 H.B. 568)

(1977) Where original decree is silent as to visitation rights no change
of circumstance need be shown to authorize "modification" (really
clarification) of visitation rights. Adoption of E.N. v. E.M.N. (A.), 559
S.W.2d 543.

1. The court may grant reasonable visitation rights to the
grandparents of the child and issue any necessary orders to enforce the
decree. The court may grant grandparent visitation when:

(1) The parents of the child have filed for a dissolution of their
marriage. A grandparent shall have the right to intervene in any
dissolution action solely on the issue of visitation rights. Grandparents
shall also have the right to file a motion to modify the original decree
of dissolution to seek visitation rights when visitation has been denied
to them; or

(2) One parent of the child is deceased and the surviving parent denies
reasonable visitation to a parent of the deceased parent of the child; or

(3) The child has resided in the grandparent's home for at least six
months within the twenty-four month period immediately preceding the
filing of the petition; and

(4) A grandparent is unreasonably denied visitation with the child for a
period exceeding ninety days. However, if the natural parents are legally
married to each other and are living together with the child, a
grandparent may not file for visitation pursuant to this subdivision.

2. The court shall determine if the visitation by the grandparent would
be in the child's best interest or if it would endanger the child's
physical health or impair the child's emotional development. Visitation
may only be ordered when the court finds such visitation to be in the
best interests of the child. However, when the parents of the child are
legally married to each other and are living together with the child, it
shall be a rebuttable presumption that such parents know what is in the
best interest of the child. The court may order reasonable conditions or
restrictions on grandparent visitation.

3. If the court finds it to be in the best interests of the child, the
court may appoint a guardian ad litem for the child. The guardian ad
litem shall be an attorney licensed to practice law in Missouri. The
guardian ad litem may, for the purpose of determining the question of
grandparent visitation rights, participate in the proceedings as if such
guardian ad litem were a party. The court shall enter judgment allowing a
reasonable fee to the guardian ad litem.

4. A home study, as described by section 452.390, may be ordered by the
court to assist in determining the best interests of the child.

5. The court may, in its discretion, consult with the child regarding the
child's wishes in determining the best interest of the child.

6. The right of a grandparent to maintain visitation rights pursuant to
this section may terminate upon the adoption of the child.

7. The court may award reasonable attorneys fees and expenses to the
prevailing party. (L. 1977 S.B. 430 § 2, A.L. 1984 H.B. 1513, A.L. 1988
H.B. 1272, et al., A.L. 1996 S.B. 869, A.L. 1998 S.B. 674, A.L. 2002 S.B.
923, et al., A.L. 2004 H.B. 1453)

(1990) Although father of child born out of wedlock did not acknowledge
paternity, pay support or otherwise establish a relationship with the
child, parent of father could seek grandparent's visitation under
statute. In the Matter of C.E.R., 796 S.W.2d 423 (Mo.App.S.D.).

(1993) Statute granting grandparent's visitation rights held to be
constitutional. Herndon v. Tuhey, No. 75184, Mo. S. Ct., June 29, 1993.

(1993) Although parents have constitutional right to make decisions
affecting family, statute is constitutional as court considers magnitude
of infringement by state as significant factor and whether there is
substantial infringement by state on family relationship. Statute
granting grandparents right to petition court for visitation with
grandchildren is reasonable both because it contemplates only minimal
intrusion on family relationship and because it is narrowly tailored to
adequately protect interests of parents and children. Herndon v. Tuhey,
857 S.W.2d 203 (Mo. banc).

(2000) Award of grandparent visitation to child's maternal
step-grandparents not authorized pursuant to statute governing
grandparent visitation rights. Hampton v. Hampton, 17 S.W.3d 599
(Mo.App.W.D.).

(2002) Section, as enacted prior to 2002 amendment in SB 923, et al., is
constitutional under the standard enunciated in Troxel v. Granville, 520
U.S. 57 (2000). Blakely v. Blakely, 83 S.W.3d 537 (Mo.banc).

(2003) Section requires that ninety-day period occurs prior to entry of
visitation order and not prior to filing of petition. Barker v. Barker,
98 S.W.3d 532 (Mo.banc).

(2004) Where prior dissolution judgment includes custody and visitation
provisions allocating parental time and responsibilities, grandparent is
limited to seeking visitation with grandchild through motion to modify
dissolution decree rather than independent petition. Tompkins v. Ford,
135 S.W.3d 508 (Mo.App. W.D.).

1. Upon the written request of a grandparent denied visitation
with a grandchild, the associate division of the circuit court may order
mediation with any party who has custody or visitation rights with the
minor child and appoint a mediator. Such written request need not follow
the rules of civil procedure and need not be written or filed by an
attorney.

2. As used in this section, "mediation" is the process by which a neutral
mediator appointed by the court assists the parties in reaching a
mutually acceptable voluntary and consensual agreement in the best
interests of the child as to issues of child care and visitation. The
role of the mediator is to aid the parties in identifying the issues,
reducing misunderstandings, clarifying priorities, exploring areas of
common interest and finding points of agreement. An agreement reached by
the parties shall be based on the decisions of the parties and not the
decisions of the mediator. The agreement reached may resolve all or only
some of the disputed issues.

3. At any time after the third mediation session, either party may
terminate mediation ordered pursuant to this section.

4. The costs of the mediation shall be paid by the grandparent requesting
the mediation order.

5. The venue shall be in the county where the child resides. (L. 1992
H.B. 1492 § l)

To ensure compliance with the parenting plans or court orders,
the court may require parents, or parents may agree, to bring the minor
children to a neutral location for the exchange pursuant to such plans or
orders. Such location may include a center specifically established for
such exchanges or an existing location suitable for such exchanges. A
neutral third party may be present at each exchange to provide an
accurate documentation of the compliance or noncompliance with the
ordered exchange. (L. 1998 S.B. 910 § 5)

1. Except as otherwise ordered by the court or agreed by the
parties in writing at the time of the custody decree, the legal custodian
may determine the child's upbringing, including his education, health
care, and religious training, unless the court after hearing finds, upon
motion by the parent without legal custody, that in the absence of a
specific limitation of the legal custodian's authority the child's
physical health would be endangered or his emotional development impaired.

2. The legal custodian shall not exercise legal custody in such a way as
to significantly and detrimentally impact the other parent's visitation
or custody rights.

3. The court may order the county welfare office or the county juvenile
officer to exercise continuing supervision over the case. (L. 1973 H.B.
315 § 22, A.L. 1998 S.B. 910)

1. Except as provided in subsection 2 of this section, the court
shall not modify a prior custody decree unless it has jurisdiction under
the provisions of section 452.450 and it finds, upon the basis of facts
that have arisen since the prior decree or that were unknown to the court
at the time of the prior decree, that a change has occurred in the
circumstances of the child or his custodian and that the modification is
necessary to serve the best interests of the child. Notwithstanding any
other provision of this section or sections 452.375 and 452.400, any
custody order entered by any court in this state or any other state prior
to August 13, 1984, may, subject to jurisdictional requirements, be
modified to allow for joint custody in accordance with section 452.375,
without any further showing.

2. If either parent files a motion to modify an award of joint legal
custody or joint physical custody, each party shall be entitled to a
change of judge as provided by supreme court rule. (L. 1973 H.B. 315 §
23, A.L. 1978 H.B. 914, A.L. 1984 H.B. 1513, A.L. 1990 H.B. 1370, et al.)

CROSS REFERENCE: Court may transfer custody if custodial parent, without
good cause, fails to honor visitation order, RSMo 452.340

(1976) In motion to modify child custody decree under this section, it is
not necessary to wait for manifestations of harmful consequences before
action is taken. L.H.Y. v. J.M.Y. (A.), 535 S.W.2d 304.

(1978) Court may not modify original dissolution decree vesting custody
on stipulation of partner, but must conduct hearing and make findings
required in best interests of child. Fleming v. Fleming (A.), 562 S.W.2d
168.

If either parent of a child changes his residence to another
state, such change of residence of the parent shall be deemed a change of
circumstances under section 452.410, allowing the court to modify a prior
visitation or custody decree. (L. 1988 H.B. 1272, et al. § 10, A.L. 1998
S.B. 910)

(2002) Section only applies when relocation occurs in violation of
section 452.377. Baxley v. Jarred, 91 S.W.3d 192 (Mo.App. W.D.).

1. Sections 452.300 to 452.415 apply to all proceedings
commenced on or after January 1, 1974.

2. Sections 452.300 to 452.415 apply to all pending actions and
proceedings commenced prior to January 1, 1974, with respect to issues on
which a judgment has not been entered. Pending actions for divorce or
separation are deemed to have been commenced on the basis of
irretrievable breakdown. Evidence adduced after January 1, 1974, shall be
in compliance with sections 452.300 to 452.415.

3. Sections 452.300 to 452.415 apply to all proceedings commenced after
January 1, 1974, for the modification of a judgment or order entered
prior to January 1, 1974.

4. In any action or proceeding in which an appeal was pending or a new
trial was ordered prior to January 1, 1974, the law in effect at the time
of the order sustaining the appeal or the new trial governs the appeal,
the new trial, and any subsequent trial or appeal. (L. 1973 H.B. 315 § 24)

Effective 1-1-74

(1975) Where plaintiff filed divorce action in 1972, case was heard in
1973, statutes on dissolution of marriage became effective January 1,
1974, and no judgment had been entered on case pending; the issue for
decision then became whether marriage was irretrievably broken and not
whether plaintiff was entitled to a divorce for indignities. Bishop v.
Bishop (A.), 521 S.W.2d 26.

1. Notwithstanding any other provision of law to the contrary,
whenever a parent in emergency military service 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 order or judgment for child support or visitation
unreasonable.

2. Upon receipt of a notarized letter from the commanding officer of a
noncustodial parent in emergency military service which contains the date
of the commencement of emergency military service and the compensation of
the parent in emergency military service, the director of the division of
child support enforcement 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, RSMo.

3. Upon return from emergency military service the parent shall notify
the director of the division of child support enforcement 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, RSMo.

4. As used in this section, the term "emergency military service" means
that the parent is a member of a reserve unit or national guard unit
which is called into active military duty for a period of more than
thirty days. (L. 1991 S.B. 358, A.L. 1998 S.B. 910)

All proceedings authorized in chapter 452 to be maintained in
circuit court shall be heard by circuit judges, except that said
proceedings may be heard by an associate circuit judge if he is assigned
to hear such case or class of cases or if he is transferred to hear such
case or class of cases pursuant to other provisions of law or section 6
of article V of the constitution. (L. 1978 H.B. 1634)

Effective 1-2-79

1. In all proceedings for child custody or for dissolution of
marriage or legal separation where custody, visitation, or support of a
child is a contested issue, the court may appoint a guardian ad litem.
Disqualification of a guardian ad litem shall be ordered in any legal
proceeding only pursuant to this chapter, upon the filing of a written
application by any party within ten days of appointment, or within ten
days of August 28, 1998, if the appointment occurs prior to August 28,
1998. Each party shall be entitled to one disqualification of a guardian
ad litem appointed under this subsection in each proceeding, except a
party may be entitled to additional disqualifications of a guardian ad
litem for good cause shown.

2. The court shall appoint a guardian ad litem in any proceeding in which
child abuse or neglect is alleged.

3. The guardian ad litem shall:

(1) Be the legal representative of the child at the hearing, and may
examine, cross-examine, subpoena witnesses and offer testimony;

(2) Prior to the hearing, conduct all necessary interviews with persons
having contact with or knowledge of the child in order to ascertain the
child's wishes, feelings, attachments and attitudes. If appropriate, the
child should be interviewed;

(3) Request the juvenile officer to cause a petition to be filed in the
juvenile division of the circuit court if the guardian ad litem believes
the child alleged to be abused or neglected is in danger.

4. The appointing judge shall require the guardian ad litem to faithfully
discharge such guardian ad litem's duties, and upon failure to do so
shall discharge such guardian ad litem and appoint another. The judge in
making appointments pursuant to this section shall give preference to
persons who served as guardian ad litem for the child in the earlier
proceeding, unless there is a reason on the record for not giving such
preference.

5. The guardian ad litem shall be awarded a reasonable fee for such
services to be set by the court. The court, in its discretion, may:

(1) Issue a direct payment order to the parties. If a party fails to
comply with the court's direct payment order, the court may find such
party to be in contempt of court; or

(2) Award such fees as a judgment to be paid by any party to the
proceedings or from public funds. Such an award of guardian fees shall
constitute a final judgment in favor of the guardian ad litem. Such final
judgment shall be enforceable against the parties in accordance with
chapter 513, RSMo.

6. The court may designate volunteer advocates, who may or may not be
attorneys licensed to practice law, to assist in the performance of the
guardian ad litem duties for the court. The volunteer advocate shall be
provided with all reports relevant to the case made to or by any agency
or person and shall have access to all records of such agencies or
persons relating to the child or such child's family members. Any such
designated person shall receive no compensation from public funds. This
shall not preclude reimbursement for reasonable expenses. (L. 1988 H.B.
1272, et al., A.L. 1990 H.B. 1370, et al., A.L. 1996 S.B. 869, A.L. 1998
S.B. 910, A.L. 2004 H.B. 1453 merged with S.B. 1211)

(2000) Section allowing party to custody or visitation proceeding to
disqualify one guardian ad litem as matter of right is constitutional.
Suffian v. Usher, 19 S.W.3d 130 (Mo.banc).

Any court order for the custody of, or visitation with, a child
may include a provision that the sheriff or other law enforcement officer
shall enforce the rights of any person to custody or visitation unless
the court issues a subsequent order pursuant to chapter* 210, 211, 452 or
455, RSMo, to limit or deny the custody of, or visitations with, the
child. Such sheriff or law enforcement officer shall not remove a child
from a person who has actual physical custody of the child unless such
sheriff or officer is shown a court order or judgment which clearly and
convincingly verifies that such person is not entitled to the actual
physical custody of the child, and there are not other exigent
circumstances that would give the sheriff or officer reasonable suspicion
to believe that the child would be harmed or that the court order
presented to the sheriff or officer may not be valid. (L. 1998 S.B. 910 §
8)

*Word "chapters" appears in original rolls.

Sections 452.440 to 452.550 may be cited as the "Uniform Child
Custody Jurisdiction Act". (L. 1978 H.B. 914 § 1)

(1989) Motion for contempt is not a determination of custody and a court
may enforce its original custody order even though a child has lived
outside the state for more than six months, if there is no evidence of a
request for reconsideration of the Missouri custody order. (Mo.App.E.D.)
Levis v. Markee, 771 S.W.2d 928.

As used in sections 452.440 to 452.550:

(1) "Custody determination" means a court decision and court orders and
instructions providing for the custody of a child, including visitation
rights. This term does not include a decision relating to child support
or any other monetary obligation of any person; but the court shall have
the right in any custody determination where jurisdiction is had pursuant
to section 452.460 and where it is in the best interest of the child to
adjudicate the issue of child support;

(2) "Custody proceeding" includes proceedings in which a custody
determination is one of several issues, such as an action for dissolution
of marriage, legal separation, separate maintenance, appointment of a
guardian of the person, child neglect or abandonment, but excluding
actions for violation of a state law or municipal ordinance;

(3) "Decree" or "custody decree" means a custody determination contained
in a judicial decree or order made in a custody proceeding, and includes
an initial decree and a modification decree;

(4) "Home state" means the state in which, immediately preceding the
filing of custody proceeding, the child lived with his parents, a parent,
an institution; or a person acting as parent, for at* least six
consecutive months; or, in the case of a child less than six months old,
the state in which the child lived from birth with any of the persons
mentioned. Periods of temporary absence of any of the named persons are
counted as part of the six-month or other period;

(5) "Initial decree" means the first custody decree concerning a
particular child;

(6) "Litigant" means a person, including a parent, grandparent, or
step-parent, who claims a right to custody or visitation with respect to
a child. (L. 1978 H.B. 914 § 2, A.L. 1982 S.B. 468)

*Word "a" appears in original rolls.

1. A court of this state which is competent to decide child
custody matters has jurisdiction to make a child custody determination by
initial or modification decree if:

(1) This state:

(a) Is the home state of the child at the time of commencement of the
proceeding; or

(b) Had been the child's home state within six months before commencement
of the proceeding and the child is absent from this state for any reason,
and a parent or person acting as parent continues to live in this state;
or

(2) It is in the best interest of the child that a court of this state
assume jurisdiction because:

(a) The child and his parents, or the child and at least one litigant,
have a significant connection with this state; and

(b) There is available in this state substantial evidence concerning the
child's present or future care, protection, training, and personal
relationships; or

(3) The child is physically present in this state and:

(a) The child has been abandoned; or

(b) It is necessary in an emergency to protect the child because he has
been subjected to or threatened with mistreatment or abuse, or is
otherwise being neglected; or

(4) It appears that no other state would have jurisdiction under
prerequisites substantially in accordance with subdivision (1), (2), or
(3), or another state has declined to exercise jurisdiction on the ground
that this state is the more appropriate forum to determine the custody of
the child, and it is in the best interest of the child that this court
assume jurisdiction.

2. Except as provided in subdivisions (3) and (4) of subsection 1 of this
section, physical presence of the child, or of the child and one of the
litigants, in this state is not sufficient alone to confer jurisdiction
on a court of this state to make a child custody determination.

3. Physical presence of the child, while desirable, is not a prerequisite
for jurisdiction to determine his custody. (L. 1978 H.B. 914 § 3)

(1984) Missouri Uniform Child Custody Jurisdiction Act is in compliance
with federal enactment of uniform act. (Mo.App.) Kilgore v. Kilgore, 666
S.W.2d 923.

(1987) The absence of the jurisdictional elements of this section cannot
be waived nor can such jurisdiction be established through the voluntary
submission of one parent. State ex rel. Laws v. Higgins, 734 S.W.2d 274
(Mo.App.S.D.).

1. Any petition for modification of child custody decrees filed
under the provisions of section 452.410, or sections 452.440 to 452.450,
shall be verified and, if the original proceeding originated in the state
of Missouri, shall be filed in that original case, but service shall be
obtained and responsive pleadings may be filed as in any original
proceeding.

2. Before making a decree under the provisions of section 452.410, or
sections 452.440 to 452.450, the litigants, any parent whose parental
rights have not been previously terminated, and any person who has
physical custody of the child must be served in the manner provided by
the rules of civil procedure and applicable court rules and may within
thirty days after the date of service (forty-five days if service by
publication) file a verified answer. If any of these persons is outside
this state, notice and opportunity to be heard shall be given pursuant to
section 452.460.

3. In any case in which the paternity of a child has been determined by a
court of competent jurisdiction and where the noncustodial parent is
delinquent in the payment of child support in an amount in excess of ten
thousand dollars, the custodial parent shall have the right to petition a
court of competent jurisdiction for the termination of the parental
rights of the noncustodial parent.

4. When a person filing a petition for modification of a child custody
decree owes past due child support to a custodial parent in an amount in
excess of ten thousand dollars, such person shall post a bond in the
amount of past due child support owed as ascertained by the division of
child support enforcement or reasonable legal fees of the custodial
parent, whichever is greater, before the filing of the petition. The
court shall hold the bond in escrow until the modification proceedings
pursuant to this section have been concluded wherein such bond shall be
transmitted to the division of child support enforcement for disbursement
to the custodial parent. (L. 1978 H.B. 914 § 4, A.L. 1979 S.B. 154, A.L.
2004 H.B. 1453)

1. The notice required for the exercise of jurisdiction over a
person outside this state shall be given in a manner reasonably
calculated to give actual notice, and may be given in any of the
following ways:

(1) By personal delivery outside this state in the manner prescribed for
service of process within this state;

(2) In the manner prescribed by the law of the place in which the service
is made for service of process in that place in an action in any of its
courts of general jurisdiction;

(3) By certified or registered mail; or

(4) As directed by the court, including publication, if any other means
of notification are ineffective.

2. Proof of service outside this state may be made by affidavit of the
individual who made the service, or in the manner prescribed by the law
of this state, the order pursuant to which the service is made, or the
law of the place in which the service is made. If service is made by
mail, proof of service may be a receipt signed by the addressee or other
evidence of delivery to the addressee.

3. The notice provided for in this section is not required for a person
who submits to the jurisdiction of the court. (L. 1978 H.B. 914 § 5, A.L.
1979 S.B. 154)

Effective 3-6-79

1. A court of this state shall not exercise its jurisdiction
under sections 452.440 to 452.550 if, at the time of filing the petition,
a proceeding concerning the custody of the child was pending in a court
of another state exercising jurisdiction substantially in conformity with
sections 452.440 to 452.550, unless the proceeding is stayed by the court
of that other state for any reason.

2. Before hearing the petition in a custody proceeding, the court shall
examine the pleadings and other information supplied by the parties under
section 452.480 and shall consult the child custody registry established
under section 452.515 concerning the pendency of proceedings with respect
to the child in other states. If the court has reason to believe that
proceedings may be pending in another state, it shall direct an inquiry
to the state court administrator or other appropriate official of that
state.

3. If the court is informed during the course of the proceeding that a
proceeding concerning the custody of the child was pending in another
state before the court assumed jurisdiction, it shall stay the proceeding
and communicate with the court in which the other proceeding is pending
in order that the issue may be litigated in the more appropriate forum
and that information may be exchanged in accordance with sections 452.530
to 452.550. If a court of this state has made a custody decree before
being informed of a pending proceeding in a court of another state, it
shall immediately inform that court of the fact. If the court is informed
that a proceeding was commenced in another state after it assumed
jurisdiction, it shall likewise inform the other court in order that the
issues may be litigated in the more appropriate forum. (L. 1978 H.B. 914
§ 6)

1. A court which has jurisdiction under this act* to make an
initial or modification decree may decline to exercise its jurisdiction
any time before making a decree if it finds that it is an inconvenient
forum to make a custody determination under the circumstances of the case
and that a court of another state is a more appropriate forum.

2. A finding that a court is an inconvenient forum under subsection 1
above may be made upon the court's own motion or upon the motion of a
party or a guardian ad litem or other representative of the child. In
determining if it is an inconvenient forum, the court shall consider if
it is in the interest of the child that another state assume jurisdiction.

3. Before determining whether to decline or retain jurisdiction the court
may communicate with a court of another state and exchange information
pertinent to the assumption of jurisdiction by either court, with a view
to assuring that jurisdiction will be exercised by the more appropriate
court and that a forum will be available to the parties.

4. If the court finds that it is an inconvenient forum and that a court
of another state is a more appropriate forum, it may dismiss the
proceedings, or it may stay the proceedings upon condition that a custody
proceeding be promptly commenced in another named state or upon any other
conditions which may be just and proper, including the condition that a
moving party stipulate his consent and submission to the jurisdiction of
the other forum.

5. The court may decline to exercise its jurisdiction under this act* if
a custody determination is incidental to an action for dissolution of
marriage or another proceeding while retaining jurisdiction over the
dissolution of marriage or other proceeding.

6. If it appears to the court that it is clearly an inappropriate forum,
it may require the party who commenced the proceedings to pay, in
addition to the costs of the proceedings in this state, necessary travel
and other expenses, including attorneys' fees, incurred by other parties
or their witnesses. Payment is to be made to the clerk of the court for
remittance to the proper party.

7. Upon dismissal or stay of proceedings under this section, the court
shall inform the court found to be the more appropriate forum of this
fact or, if the court which would have jurisdiction in the other state is
not certainly known, shall transmit the information to the court
administrator or other appropriate official for forwarding to the
appropriate court.

8. Any communication received from another state informing this state of
a finding that a court of this state is the more appropriate forum shall
be filed in the custody registry of the appropriate court. Upon assuming
jurisdiction the court of this state shall inform the original court of
this fact. (L. 1978 H.B. 914 § 7, A.L. 1979 S.B. 154)

Effective 3-6-79

*Original rolls contain words "this act". This section and five others
were reenacted by S.B. 154, 1979. Apparently those words were intended to
refer to the entire Uniform Child Custody Jurisdiction Act, §§ 452.440 to
452.550.

1. If the petitioner for an initial decree has wrongfully taken
the child from another state or has engaged in similar reprehensible
conduct, the court may decline to exercise jurisdiction if this is just
and proper under the circumstances.

2. Unless required in the interest of the child, the court shall not
exercise its jurisdiction to modify a custody decree of another state if
the petitioner, without consent of the person entitled to custody, has
improperly removed the child from the physical custody of the person
entitled to custody or has improperly retained the child after a visit or
other temporary relinquishment of physical custody. If the petitioner has
violated any other provision of a custody decree of another state, the
court may decline to exercise its jurisdiction if this is just and proper
under the circumstances.

3. In appropriate cases a court dismissing a petition under this section
may charge the petitioner with necessary travel and other expenses,
including attorneys' fees, incurred by other parties or their witnesses.
(L. 1978 H.B. 914 § 8)

1. In his first pleading, or in an affidavit attached to that
pleading, every party in a custody proceeding shall give information
under oath as to the child's present address, with whom the child is
presently living and with whom and where the child lived, other than on a
temporary basis, within the past six months. In this pleading or
affidavit every party shall further declare under oath whether:

(1) He has participated in any capacity in any other litigation
concerning the custody of the same child in this or any other state;

(2) He has information of any custody proceeding concerning the child
pending in a court of this or any other state; and

(3) He knows of any person not a party to the proceedings who has
physical custody of the child or claims to have custody or visitation
rights with respect to the child.

2. If the declaration as to any of the items listed in subdivisions (1)
through (3) of subsection 1 above is in the affirmative, the declarant
shall give additional information under oath as required by the court.
The court may examine the parties under oath as to details of the
information furnished and as to other matters pertinent to the court's
jurisdiction and the disposition of the case.

3. Each party has a continuing duty to inform the court of any change in
information required by subsection 1 of this section. (L. 1978 H.B. 914 §
9, A.L. 1979 S.B. 154)

Effective 3-6-79

If the court learns from information furnished by the parties
pursuant to section 452.480 or from other sources that a person not a
party to the custody proceeding has physical custody of the child or
claims to have custody or visitation rights with respect to the child, it
may order that person to be joined as a party and to be duly notified of
the pendency of the proceeding and of his joinder as a party. If the
person joined as a party is outside this state he shall be served with
process or otherwise notified in accordance with section 452.460. (L.
1978 H.B. 914 § 10, A.L. 1979 S.B. 154)

Effective 3-6-79

1. The court may order any party to the proceeding who is in
this state to appear personally before the court. If the court finds the
physical presence of the child in court to be in the best interests of
the child, the court may order that the party who has physical custody of
the child appear personally with the child.

2. If a party to the proceeding whose presence is desired by the court is
outside this state, with or without the child, the court may order that
the notice given under section 452.460 include a statement directing that
party to appear personally with or without the child.

3. If a party to the proceeding who is outside this state is directed to
appear under subsection 1 of this section or desires to appear personally
before the court with or without the child, the court may require another
party to pay to the clerk of the court travel and other necessary
expenses of the party so appearing and of the child, if this is just and
proper under the circumstances.

4. If the court finds it to be in the best interest of the child that a
guardian ad litem be appointed, the court may appoint a guardian ad litem
for the child. The guardian ad litem so appointed shall be an attorney
licensed to practice law in the state of Missouri. Disqualification of a
guardian ad litem shall be ordered in any legal proceeding pursuant to
this chapter, upon the filing of a written application by any party
within ten days of appointment. Each party shall be entitled to one
disqualification of a guardian ad litem appointed under this subsection
in each proceeding, except a party may be entitled to additional
disqualifications of a guardian ad litem for good cause shown. The
guardian ad litem may, for the purpose of determining custody of the
child only, participate in the proceedings as if such guardian ad litem
were a party. The court shall enter judgment allowing a reasonable fee to
the guardian ad litem.

5. The court shall appoint a guardian ad litem in any proceeding in which
child abuse or neglect is alleged. (L. 1978 H.B. 914 § 11, A.L. 1979 S.B.
154, A.L. 1996 S.B. 869, A.L. 1998 S.B. 910, A.L. 2005 H.B. 568)

(1985) Held, it is an abuse of discretion not to appoint a guardian ad
litem, as permitted by subdivision (4) of this section, where the choice
of the custodian of minor children is in issue, and the court has
knowledge, from the pleadings or from other sources, that the children in
question, have been, or are being, abused while in the custody of one
claiming the right to custody. C.J.(S.)R. v. G.D.S. (A.), 701 S.W.2d 165.

(1987) Failure of court to appoint guardian ad litem is not necessarily
an abuse of discretion. Smith v. Smith, 724 S.W.2d 541 (Mo.App.S.D.).

A custody decree rendered by a court of this state which had
jurisdiction under section 452.450 binds all parties who have been served
in this state or notified in accordance with section 452.460, or who have
submitted to the jurisdiction of the court, and who have been given an
opportunity to be heard. As to these parties the custody decree is
conclusive as to all issues of law and fact decided and as to the custody
determination made, unless and until that determination is modified
pursuant to law, including the provisions of section 452.410 and sections
452.440 to 452.550. (L. 1978 H.B. 914 § 12)

The courts of this state shall recognize and enforce an initial
or modification decree of a court of another state which had assumed
jurisdiction under statutory provisions substantially in accordance with
sections 452.440 to 452.550, or which was made under factual
circumstances meeting the jurisdictional standards of sections 452.440 to
452.550, so long as this decree has not been modified in accordance with
jurisdictional standards substantially similar to those of sections
452.440 to 452.550. (L. 1978 H.B. 914 § 13)

If a court of another state has made a custody decree, a court
of this state shall not modify that decree unless it appears to the court
of this state that the court which rendered the decree does not now have
jurisdiction under jurisdictional prerequisites substantially in
accordance with sections 452.440 to 452.550 or has declined to assume
jurisdiction to modify the decree and the court of this state has
jurisdiction. (L. 1978 H.B. 914 § 14)

1. A certified copy of a custody decree of another state may be
filed in the office of the clerk of any circuit court of this state. The
clerk shall treat the decree in the same manner as a custody decree of
the circuit court of this state. A custody decree so filed has the same
effect and shall be enforced in like manner as a custody decree rendered
by a court of this state.

2. A person violating a custody decree of another state which makes it
necessary to enforce the decree in this state may be required to pay
necessary travel and other expenses, including attorneys' fees, incurred
by the party entitled to the custody or his witnesses. (L. 1978 H.B. 914
§ 15)

The clerk of each circuit court shall maintain a registry in
which he shall enter the following:

(1) Certified copies of custody decrees of other states received for
filing;

(2) Communications as to the pendency of custody proceedings in other
states;

(3) Communications concerning findings of inconvenient forum under
section 452.470 by a court of another state; and

(4) Other communications or documents concerning custody proceedings in
another state which in the opinion of the circuit judge may affect the
jurisdiction of a court of this state or the disposition to be made by it
in a custody proceeding. (L. 1978 H.B. 914 § 16)

The clerk of the circuit court of this state, at the request of
the court of another state or at the request of any person who is
affected by or has a legitimate interest in a custody decree, may, upon
payment therefor, certify and forward a copy of the decree to that court
or person. (L. 1978 H.B. 914 § 17)

In addition to other procedural devices available to a party,
any party to the proceeding or a guardian ad litem or other
representative of the child may obtain the testimony of witnesses,
including parties and the child, by deposition or otherwise, in another
state. The court on its own motion may direct that the testimony of a
person be taken in another state and may prescribe the manner in which
and the terms upon which the testimony shall be taken. (L. 1978 H.B. 914
§ 18)

1. A court of this state may request the appropriate court of
another state to hold a hearing to obtain evidence, to order persons
within that state to produce or give evidence under other procedures of
that state, or to have social studies made with respect to the custody of
a child involved in proceedings pending in the court of this state; and
to forward to the court of this state certified copies of the transcript
of the record of the hearing, the evidence otherwise obtained, or any
social studies prepared in compliance with the request. The cost of the
services may be assessed against the parties.

2. A court of this state may request the appropriate court of another
state to order a party to custody proceedings pending in the court of
this state to appear in the proceedings and, if that party has physical
custody of the child, to appear with the child. The request may state
that travel and other necessary expenses of the party and of the child
whose appearance is desired will be assessed against the appropriate
party. (L. 1978 H.B. 914 § 19)

1. Upon request of the court of another state, the courts of
this state which are competent to hear custody matters may order a person
in this state to appear at a hearing to obtain evidence or to produce or
give evidence under other procedures available in this state for use in a
custody proceeding in another state. A certified copy of the transcript
of the record of the hearing or the evidence otherwise obtained may, in
the discretion of the court and upon payment therefor, be forwarded to
the requesting court.

2. A person within this state may voluntarily give his testimony or
statement in this state for use in a custody proceeding outside this
state.

3. Upon request of the court of another state, a competent court of this
state may order a person in this state to appear alone or with the child
in a custody proceeding in another state. The court may condition
compliance with the request upon assurance by the other state that travel
and other necessary expenses will be advanced or reimbursed. (L. 1978
H.B. 914 § 20)

In any custody proceeding in this state the court shall preserve
the pleadings, orders and decrees, any record that has been made of its
hearings, social studies, and other pertinent documents until the child
reaches eighteen years of age. When requested by the court of another
state the court may, upon payment therefor, forward to the other court
certified copies of any or all of such documents. (L. 1978 H.B. 914 § 21)

If a custody decree has been rendered in another state
concerning a child involved in a custody proceeding pending in a court of
this state, the court of this state, upon taking jurisdiction of the
case, shall request of the court of the other state a certified copy of
the transcript of any court record and other documents mentioned in
section 452.540. (L. 1978 H.B. 914 § 22)

Upon the request of a party to a custody proceeding which raises
a question of existence or exercise of jurisdiction under sections
452.440 to 452.550, determination of jurisdiction shall be given calendar
priority and handled expeditiously. (L. 1978 H.B. 914 § 23)

In addition to any other court costs required to institute an
action in the circuit division of the circuit court, a surcharge of three
dollars shall be paid by the person filing such action. The surcharge
shall be collected and disbursed in a manner provided by sections 488.012
to 488.020, RSMo, by the court clerk at the time the petition is filed
and shall be payable to the director of revenue for deposit in the
domestic relations resolution fund established in section 452.554. (L.
1998 S.B. 910, A.L. 1999 S.B. 1, et al.)

There is established in the state treasury a special fund to be
known as the "Domestic Relations Resolution Fund". The director of
revenue shall credit to and deposit all amounts received pursuant to
section 452.552 to the fund. The general assembly shall appropriate
moneys annually from the domestic relations resolution fund to the state
courts administrator to pay the cost associated with the handbook created
in section 452.556 and to reimburse local judicial circuits for the costs
associated with the implementation of and creation of education programs
for parents of children, alternative dispute resolution programs and
similar programs applicable to domestic relations cases. The provisions
of section 33.080, RSMo, shall not apply to the domestic relations
resolution fund. (L. 1998 S.B. 910, A.L. 1999 S.B. 1, et al.)

1. The state courts administrator shall create a handbook or be
responsible for the approval of a handbook outlining the following:

(1) What is included in a parenting plan;

(2) The benefits of the parties agreeing to a parenting plan which
outlines education, custody and cooperation between parents;

(3) The benefits of alternative dispute resolution;

(4) The pro se family access motion for enforcement of custody or
temporary physical custody;

(5) The underlying assumptions for supreme court rules relating to child
support; and

(6) A party's duties and responsibilities pursuant to section 452.377,
including the possible consequences of not complying with section
452.377. The handbooks shall be distributed to each court and shall be
available in an alternative format, including Braille, large print, or
electronic or audio format upon request by a person with a disability, as
defined by the federal Americans with Disabilities Act.

2. Each court shall mail a copy of the handbook developed pursuant to
subsection 1 of this section to each party in a dissolution or legal
separation action filed pursuant to section 452.310, or any proceeding in
modification thereof, where minor children are involved, or may provide
the petitioner with a copy of the handbook at the time the petition is
filed and direct that a copy of the handbook be served along with the
petition and summons upon the respondent.

3. The court shall make the handbook available to interested state
agencies and members of the public. (L. 1998 S.B. 910, A.L. 2001 S.B. 267)

The circuit courts, by local rule, shall establish a program of
educational sessions for parties to actions for dissolution of marriage
or in postjudgment proceedings involving custody or support, concerning
the effects of dissolution of marriage on minor children of the marriage,
and the benefits of alternative dispute resolution, including mediation.
In lieu of establishing such a program, the circuit court may, by local
rule, designate a similar program of educational sessions offered by a
private or public entity. (L. 1993 H.B. 353 § 1 subsec. 1, A.L. 1998 S.B.
910)

In an action for dissolution of marriage or legal separation
involving minor children, or in a postjudgment proceeding wherein custody
of minor children is to be determined by the court, the court shall,
except for good cause, unless otherwise provided by local rule, order the
parties to attend educational sessions concerning the effects of custody
and the dissolution of marriage on children. As used in this section
"good cause" includes, but is not limited to, situations where the
parties have stipulated to the custody and visitation of the child, or a
finding by a court with jurisdiction after all parties have received
notice and an opportunity to be heard that the safety of a party or child
may be endangered by attending the educational sessions. The court may
order the minor children to attend age-appropriate educational sessions.
(L. 1993 H.B. 353 § 1 subsec. 2, A.L. 1998 S.B. 910)

CROSS REFERENCE: Educational sessions required in dissolution, when, RSMo
452.372

The facts adduced at any educational session resulting from a
referral pursuant to the provisions of sections 452.600 to 452.610 shall
not be considered in the adjudication of a pending or subsequent judicial
proceeding, nor shall any report resulting from such educational session,
except a certification for completion of the session, become part of the
record of any judicial proceeding unless the parties have stipulated in
writing to the contrary. (L. 1993 H.B. 353 § 1 subsec. 3)

The fees or costs of educational sessions under sections 452.600
to 452.610 shall be less than seventy-five dollars per person and shall
be borne by the parties as deemed equitable. (L. 1993 H.B. 353 § 1
subsec. 4, A.L. 1996 S.B. 869)

Effective 7-1-97

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