Missouri Dissolution of Marriage FAQ

The following are frequently asked questions about divorces in Missouri. Suggestions as to topics or questions that should be added to this FAQ are welcomed, which you can send to wtq@williamquick.com. For additional information about how to contact our offices, see Law Offices of William T. Quick: Contact Information.

The Divorce Process: Part I

• What is a Dissolution of Marriage in Missouri?
  
• Is there anything I should know before beginning a Dissolution of Marriage action?
  
• How is a Dissolution of Marriage started?
  
• Don't I have to list fault grounds in my petition to obtain a dissolution of marriage?
  
• Can anyone file for a dissolution of marriage in Missouri?
  
• What is the respondent's role in a dissolution of marriage?
  
• What happens if the respondent doesn't file an answer to the petition within the 30 days after being served?
  
• What happens if the respondent can't be located or evades service of process?
  
• What if the respondent files an answer to the petition?
  
• What are the issues to be resolved in a dissolution of marriage?

Property Division

• What is the difference between marital and nonmarital property?
  
• How does the judge determine how the property is to be divided?
  
• What does the court do with assets that cannot be physically divided?
  
• Will I lose my pension if I file for a dissolution?

Maintenance (Alimony)

• Can I expect to receive alimony from my ex-spouse in my divorce case?
  
• How is the amount of maintenance determined?

Child Custody

• What about the children? How does the court decide who should have custody?
  
• What is "joint custody?"
  
• When is joint custody not an appropriate arrangement?
  
• How is "sole custody" different from joint custody?
  
• What rights does the noncustodial parent have?

Child Support

• Will the noncustodial parent be required to pay child support?
  
• How is the amount of child support determined?
  
• Can I stop paying child support if my ex-spouse denies my visitation rights after the divorce?
  
• Can I deny my ex-spouse visitation rights with the children if he/she is refusing to pay court-ordered child support after the divorce?
  
• Is the amount I pay for child support tax deductible?
  
• Am I entitled to credit against my child support obligation for payments I make directly to my child/my child's school/my child's doctor/my child's day care provider, or for things I buy for my child such as clothes/school supplies/glasses?
  
• My child recently moved in with me. Must I still pay my ex-spouse child support for this child?
  
• How long does my child support obligation last?
  
• My child is 17 and has left high school prior to graduation. I believe my child is self-supporting. May I stop paying child support?

The Divorce Process: Part II

• How long does a divorce case take to complete?
  
• Do I have to wait until the divorce case ends before I can receive an order for custody, child support or maintenance?
  
• Is there any way that the terms of my final divorce decree can be changed at a later date?
  

Dissolution of Marriage is a civil action in which either the husband or wife, or both, ask a Missouri court to legally dissolve a marriage (in other words, to grant a divorce). At the time of the final hearing, a court will grant a dissolution of marriage if it believes that the marriage cannot be saved. In addition, the court will divide the marital property of the parties between them, will enter orders concerning custody and support where children are involved, and will also grant or deny maintenance (alimony) to the spouse who requests it. Missouri's primary statute dealing with dissolutions of marriage is contained in Chapter 452 of the Revised Statutes of Missouri (R.S.Mo), beginning with Section 452.300. (Return to Top)

There are several things to keep in mind before deciding to file for a dissolution of marriage. There is nothing "easy" about a divorce, and it is likely to be one of the most stressful experiences of your life--both emotionally and financially. The expense of hiring an attorney is one cost. A far greater cost is the reduced standard of living both parties will experience, as the same income and resources that once maintained a single household must now be stretched to provide for two separate households.

In addition, if you and your spouse have minor children, you should recognize that your divorce will be a particularly jarring experience for them. As the emotional cocoon of the nuclear family is replaced by two separate households, your children will experience feelings that run from sadness and remorse to insecurity and self-doubt to anger and resentment. They will also experience loyalty conflicts between you and your spouse, and it is not uncommon for them to have irrational feelings of guilt or personal responsibility for the breakup. These and other emotional responses force many children to "grow up" sooner than they should otherwise have to, in order to cope with their own feelings and with the reality of the breakup of their nuclear family. Therefore, it is especially important for both spouses to continually reassure the children that they are loved by both of their parents. Both spouses need to set aside their differences in dealing with their children, and should avoid the temptation to criticize or lay blame on the other parent in the presence of the children. Divorcing parents should also recognize that they will continue to have to interact with each other well after the divorce has become final as they both participate in the rearing of their children. (For more information, see the brochure entitled You Are Still Parents, published by the Missouri Bar.)

In light of these realities, you should be very sure that the marriage truly cannot be saved before filing for divorce. It is generally recommended that the parties seek some kind of marriage counseling before proceeding with a divorce, except in extreme situations such as where physical or emotional abuse is involved. (Return to Top)

Each Dissolution of Marriage action in Missouri begins with the filing of a "Petition for Dissolution of Marriage" with the proper court. The party who files the petition (whether it is the husband or the wife) is known as the "petitioner" and the other party is called the "respondent." The petition must state that the marriage of the parties is irretrievably broken and that there is no reasonable likelihood that the marriage can be preserved. In addition, the Petition must provide the court with certain other information about the parties and their marriage, including the date and location of the marriage, when the parties separated, where the parties currently reside and work, whether there are any minor children of the marriage and where they presently reside. If the petitioner is seeking maintenance (alimony) from the other party, certain statements must be included in the petition which show the need for maintenance. If minor children are involved, the petition should tell the court what kind of custody arrangements the petitioner believes will be in the children's best interests. If there is property which the court needs to divide between the parties, this fact should be stated as well. The facts stated in the petition are often called "allegations of fact." The petition concludes with "prayers for relief"--in other words, a statement or list of the things the petitioner is asking the court to do, such as dissolving the marriage, dividing the property, giving custody of the children to the appropriate spouse or to both spouses jointly, ordering a spouse to pay child support or maintenance, and so on. The petition must be signed by the petitioner under oath and be notarized. See Section 452.310, R.S.Mo. (Return to Top)

No. Since 1974, Missouri law permits a court to grant a dissolution of marriage if there is no reasonable likelihood the marriage can be preserved and the marriage is irretrievably broken. No specific allegations of fault are required. However, fault or misconduct of a party is often alleged in the petition anyway. Misconduct of a party that contributes to the marital breakdown can be considered by the court in deciding how the marital property should be divided. In addition, whenever maintenance (alimony) is being asked for, the conduct of the parties during the marriage is one factor considered by the court when deciding whether and how much maintenance a spouse should receive. Finally, misconduct by the respondent makes it harder for him/her to challenge the granting of the dissolution when the respondent chooses to deny that the marriage is irretrievably broken. (Return to Top)

No. Missouri law requires that at least one of the parties must have been a resident of the state of Missouri for at least 90 days immediately preceding the filing of the petition. (Return to Top)

Once the petition has been filed, the law requires that the respondent receive notice of the action and a reasonable opportunity to be heard. "Notice" is accomplished when a deputy sheriff or process server physically delivers a copy of the petition to the respondent. Physical delivery of the papers is referred to as "service of process." Sometimes personal delivery of the petition is not necessary, such as when the respondent signs a statement that he/she has received a copy of the petition in the mail or directly from the petitioner. Signing such a statement also constitutes "service of process" for purposes of beginning the dissolution action.

Once service of process has occurred, the respondent must file an "answer" to the petition within thirty (30) days. The "answer" is a document which tells the court whether the respondent agrees with the statements made in the petition, including whether the respondent agrees that the marriage is irretrievably broken and cannot be preserved. Like the petition, the answer must be signed under oath by the respondent and be notarized. (Return to Top)

In that case, the court may grant a "default judgment" against the respondent. Because the respondent failed to file an answer, he/she is considered to be consenting to all the relief requested in the petition. The court will hold a "default and inquiry" hearing and will usually grant to the petitioner everything that was asked for in the petition, including a dissolution of marriage, a division of marital property in the manner requested by the petitioner, custody and child support orders where minor children are involved, and even a maintenance award and a judgment for attorney fees and court costs in the suit--so long as these things were requested in the petition. Thus, the consequences for the respondent who fails to file an answer can be quite severe. The law does permit a respondent to return to court after the default judgment has been entered and seek to have it "set aside" or undone, so long as the respondent does so within a "reasonable time" and can demonstrate very good reasons for having failed to file the answer. The court may or may not decide to set aside the earlier judgment, as it sees fit. (Return to Top)

If your petition can't be served, the law permits "service by publication" to the respondent. This process involves obtaining the court's permission to publish an announcement about your petition for dissolution in a local newspaper. The respondent has forty-five (45) days from the last date of publication to file an answer to the petition. After the 45 days have passed, the court may also grant a default judgment, but the scope of that judgment is more limited. Because the respondent was not personally served, the court cannot enter a personal judgment against him/her for child support or maintenance, but it can grant the dissolution of marriage and, under proper circumstances, enter orders about the custody of the minor children. Once the respondent is located and can be properly served, the case can be reopened for the purpose of obtaining the additional relief which the petitioner was unable to obtain the first time. (Return to Top)

Usually, the respondent does file an answer. At this point, the parties and their attorneys will usually enter into negotiations toward reaching an agreement about the issues in the dissolution case. In addition, there will often be "discovery" by one or both parties. Discovery is a procedure where one party can require the other to answer certain questions under oath or supply certain documents. Discovery permits each party to learn about the assets and income of the other, as well as what the other party can be expected to say to the judge in the event of a trial. Generally, the court will also require each party to file detailed financial statements about their income and assets.

If the parties and their attorneys are successful in negotiating the terms of their dissolution, they will put these terms in writing in a "marital settlement and separation agreement." The parties will then present the separation agreement to the court and ask the judge to approve it as part of the court's final orders in the case. The judge will review the separation agreement at the time of the final hearing and will approve it if it finds the agreement to be "not unconscionable" (which means not grossly unfair to one party or the other). In addition, if the agreement includes provisions about custody and support of minor children, the court will need to be satisfied that those terms are in the best interests of the minor children. The majority of dissolution cases are settled in this manner.

If the parties are unsuccessful in resolving the issues through negotiation, those issues will be decided by the judge at a formal trial. (Return to Top)

In all dissolution of marriage actions, the court will first determine whether the marriage is irretrievably broken. If it is, the court will give each party his/her nonmarital property, divide the marital property of the parties between them, and enter an order concerning maintenance (alimony) if either party has requested maintenance. In addition, if there are minor children and the court has proper authority to do so, the court will enter an order about their custody and support. All of these orders will be contained in a "Judgment and Decree of Dissolution" signed by the judge in the case. (Return to Top)

Marital property is any property acquired by either spouse since the date of the marriage, except property received by one spouse as a gift or inheritance or in exchange for that spouse's nonmarital property. Nonmarital property is any property that a spouse already owned prior to the marriage, or acquired after the marriage by gift or inheritance or in exchange for that spouse's nonmarital property.

Property purchased during the marriage using the income of one spouse or the other is generally considered marital property, regardless of whose income was used to buy the property or whose name the property is held in. So, for example, if you purchase a car during your marriage with your own income and the car is titled solely in your name, the car is still considered marital property and is subject to division by the court. By the same token, pensions or other retirement assets are also considered marital property to the extent they are accrued during the marriage, regardless of the fact that such assets are usually titled in the name of the employee who accrues them.

Property which you owned prior to the marriage is nonmarital property. An inheritance you receive during the marriage is also your nonmarital property, as is a gift you receive during the marriage that is intended as a gift to you only, and not to you and your spouse. If, during the marriage, you exchange any of your nonmarital property for other property, the new property is also considered your nonmarital property.

However, it is easy to change nonmarital property into marital property. If you use marital funds (your income or your spouse's income) to make improvements to your nonmarital property or to reduce an indebtedness against the property, you usually have converted that asset into marital property to the extent of the marital fund contribution. In addition, if you add marital funds to your nonmarital mutual fund or investment account, you may have changed the asset into marital property at least to the extent of the marital funds you added to it. In addition, if you add your spouse's name to your nonmarital asset you will usually be considered to have gifted the asset to the marital estate. For example, putting your spouse's name on the title to your nonmarital real estate, bank account, or other asset generally converts the asset into marital property. Whether and to what extent a nonmarital asset has changed or grown into a marital asset is often a contentious issue in a divorce case, and the outcome in any particular situation is sometimes difficult to predict.

In the majority of cases where the parties have been married for more than a few years prior to the divorce, nearly all of their assets will be marital assets that are subject to division by the court. (Return to Top)

A dissolution court begins by giving each party their own nonmarital assets, if any. The remaining marital assets are divided between the parties "in such proportions as the court deems just," after considering the five factors listed in Section 452.330, R.S.Mo. These factors include:

• The economic circumstances of the parties at the time of the divorce, including the desirability of letting the spouse who has custody of any children live in the family home
• What each party has contributed in acquiring the property, "including the contributions of a spouse as homemaker"
• The value of the nonmarital property each spouse has received
• The conduct of the parties during the marriage, and
• The custody arrangements for the children

When the parties and their attorneys attempt to negotiate and settle property division issues, they often start from the assumption that the marital property should be divided more or less equally between the parties. However, when these issues are left up to the court, it has broad discretion in deciding how the marital property will be divided and who is to receive what property. It should be noted that the law favors granting the marital home, or the right to live there, to the spouse who has custody of the children. It should also be noted that courts frequently treat "contributions of a spouse as homemaker" as being just as important in acquiring marital property as earning the income which is used to purchase that property. Finally, as mentioned earlier, the conduct of the parties during the marriage (both misconduct and good conduct) will play a role in deciding how the marital property will be divided. (Return to Top)

Most assets cannot be "divided" or broken into pieces. Instead, the court looks at the values of the marital assets, less any indebtedness against those assets, and then will usually give assets of comparable worth to each of the parties. So, for example, if the two major marital assets at the time of divorce are the marital home and a pension, a court may give the home to one spouse and the pension to the other. If this results in one party receiving too much value and the other receiving too little, the court can make adjustments by awarding other less valuable marital property to one spouse or the other. In addition, the court can require one spouse to pay the other a cash sum to "balance the equities" between the parties or to effect the proportional division the court has in mind. If there is no way for the court to effect a "just" division with the assets available, the court can also order that certain assets be liquidated (sold and turned into cash) and then divided between the parties in a certain way. For example, if the marital home is the most valuable asset in the marriage, the court can order it to be sold; if the minor children are to reside there with the spouse who has custody, the court may order that the home be held by that spouse until the children have grown up and that the property then be sold and the proceeds divided in a certain way at that time. (Return to Top)

Generally, you do not need to worry about "losing" your pension in a divorce case. However, the value that has been added to your pension during the marriage is considered marital property and is subject to division. If the court chooses, it can enter a special order that will require your pension's plan administrator to pay a portion of your pension to your former spouse. The portion to be paid to your spouse will not generally increase due to contributions you or your employer make to your pension after your divorce, however. (Return to Top)

Under certain circumstances, an award of maintenance (sometimes called "spousal support" or "alimony") may be made by the court. You may be eligible to receive maintenance, but only if (A) you lack sufficient property (including marital property) to provide for your reasonable needs AND (B) either (1) you are unable to support yourself through appropriate employment, or (2) you have custody of a child whose condition or circumstances are such that you should not be required to seek employment outside the home. If the court decides to award maintenance to you, it can order the maintenance to be paid indefinitely by your ex-spouse or it can give a termination date at which time the duty to pay maintenance would cease. In addition, the court can make the maintenance award modifiable or nonmodifiable. Modifiable maintenance is subject to being changed (increased, reduced or terminated) at a later time, when either you or your spouse file a motion to modify the amount because of a substantial change in circumstances since the maintenance award was made. Nonmodifiable maintenance that has a termination date cannot be changed. In any case, the duty to pay maintenance ends when either party dies or when the party receiving maintenance remarries. Generally, court-ordered maintenance is deductible from the income of the paying spouse and includable as income to the receiving spouse, on both federal and state income tax returns. Thus, if you receive maintenance, you will need to set aside sufficient amounts to pay the income taxes on the amount you receive. (Return to Top)

The amount you receive and how long you receive it is based on numerous factors. Some of these factors include the length of the marriage, the conduct of the parties during the marriage, your age, your physical and emotional condition, the ability of your ex-spouse to pay, your earning capacity compared to the earning capacity of your ex-spouse, how much marital property and child support you receive, how much time you will need to acquire the education or training that will enable you to find appropriate employment, and the standard of living established during the marriage. There are no set formulas for determining the amount and duration of maintenance, and the court has broad discretion to order the amount it "deems just." You can read the maintenance statute at Section 452.335, R.S.Mo. (Return to Top)

The guiding principle for the court is what will be "in the best interests of the child." There are many factors for the court to consider in determining the custody issue, including:

• your wishes and the wishes of your spouse
• your child's wishes
• your child's interaction and relationship with you, your spouse, your child's siblings and others
• your child's adjustment to his home, school and community
• the mental and physical health of all individuals involved (including any history of abuse)
• your child's needs for a continuing relationship with both parents and your and your spouse's willingness to meet those needs
• your or your spouse's intention to move outside the state
• which parent is more likely to allow the child frequent and meaningful contact with the other parent

See Section 452.375, R.S.Mo.

Many parents are surprised to learn that misconduct during the marriage is not the determining factor. While misconduct can play a critical role in decisions about property or maintenance, it does not play as important a role in the custody determination (except where a history of abuse is involved). This is because the court's primary concern is, again, the "best interests of the child," which often has little to do with what may seem "fair" to one spouse or the other.

After considering these factors, the court will either grant joint custody to both parents, grant sole custody to one parent, or, in extreme circumstances (such as where both parents are unfit or unable to be given custody), grant custody to a third party. In addition, the court cannot grant custody to a parent or other party who has either been convicted of or pled guilty to a felony sexual offense. (Return to Top)

Joint custody encompasses two concepts: joint legal custody and joint physical custody. "Joint legal custody" generally means joint decision-making responsibility regarding a child's upbringing, including where he goes to school, whether or when he needs medical attention, what religious beliefs he will be raised in, etc. "Joint physical custody" refers to significant amounts of time with both parents, so that the child has frequent and continuing contact with both parents. Missouri's custody statute encourages joint custody arrangements where appropriate. See Section 452.375, R.S.Mo.

Joint custody is usually granted where both parties request it. In such cases, the parties will enter into a "joint custody plan" which includes detailed provisions about the parents' duty to confer with each other about child-rearing decisions and a physical custody schedule. The physical custody schedule may include provisions ranging from more-or-less equal time in residence with both parents to a schedule that calls for the child residing with one parent most of the time and for temporary periods with the other. In addition, the joint custody plan will often contain a provision about mediation of disputes, in the event the parties are unable to agree about a particular child-rearing decision.

Joint custody may also be granted by the court, even if one party opposes the arrangement. (Return to Top)

Joint custody is in the best interests of the child when both parents are able to set aside the differences which led to the divorce when dealing with each other and their child. Ex-spouses are human and often carry around a fair amount of hurt feelings or other emotional baggage following their separation. The best candidates for joint custody are those parents who genuinely desire to put their child's interests first, over and above old emotional battles with their ex-spouse or other unfinished business.

Alternatively, where the marital relationship was one of constant discord or particularly where one spouse played a dominating, manipulative or abusive role toward the other, joint custody may not be an appropriate solution to the custody issue. Where one spouse is likely to employ the child as a pawn in a never-ending game to "punish" the other spouse, joint custody can have a detrimental impact on the child. (Return to Top)

When a court grants "sole custody" of a child to one parent or the other, that parent has the sole decision-making responsibility with respect to the child's upbringing, including his health, education and religious training. In addition, the child usually resides with that parent. The parent who is granted sole custody is often referred to as the "custodial parent" and the other parent is referred to as the "noncustodial parent." Like joint custody, the parents in a sole custody arrangement are obligated to exchange information with each other about the child's health, education and welfare. In addition, as part of its final orders in the Decree of Dissolution, the court can require the parties to confer with each other about child-rearing decisions, even though the custodial parent has the final say in such matters. (Return to Top)

At the time of the divorce, the court will usually establish a "visitation and temporary custody schedule" that assures frequent contact between the child and the noncustodial parent. This schedule typically provides for the child to visit and stay with the noncustodial parent at least one weeknight per week, every other weekend, alternating legal holidays and four to six weeks of the child's summer vacation. In addition, Missouri law prohibits the custodial parent from removing the child from the state for more than ninety (90) days without court approval or the prior written consent of the noncustodial parent. ( Section 452.375, R.S.Mo.)

In addition, the dissolution law states that "it is the public policy of this state to assure frequent and meaningful contact with both parents after the parents have separated or dissolved their marriage" and that "it is in the public interest to encourage parents to share decision-making rights and responsibilities of child rearing." ( Section 452.375, R.S.Mo.) The dissolution law encourages meaningful input from and contact with the noncustodial parent by giving the noncustodial parent certain rights, including:

• The same rights as the custodial parent to obtain the child's medical, dental and school records ( Section 452.375, R.S.Mo.)
• The right to receive any deficiency slips, report cards or progress reports for the child directly from the child's school ( Section 452.376, R.S.Mo.)
• The right to a notice, hearing and an opportunity to be heard in the event that the custodial parent seeks court permission to relocate outside the state ( Section 452.377, R.S.Mo.)
• The right to bring a motion for contempt against the custodial parent who unreasonably denies the noncustodial parent's visitation and temporary custody rights ( Seciton 452.400, R.S.Mo.)
• The right to seek a transfer of custody or a reduction or elimination of child support if the custodial parent unreasonably denies visitation and temporary custody rights ( Section 452.340, R.S.Mo.)
• The right to bring a motion to modify the provisions of the decree in the event the custodial parent moves to another state without first obtaining court permission or the written consent of the noncustodial parent (Section 452.411, R.S.Mo.)

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Yes, in most cases, including cases in which joint custody has been awarded to the parents. The child support provisions of Missouri's dissolution law (Section 452.340, R.S.Mo.) list several factors to be used in determining the appropriate amount of child support to be paid. These factors include:

• The financial needs of the child
• The financial resources and needs of both parents
• The standard of living the child would have enjoyed if the parents had not divorced
• The physical and emotional condition of the child
• The educational needs of the child
• The arrangements for legal and physical custody of the child
• The reasonable work-related child care expenses of each parent

(Return to Top)

Prior to 1989, many courts throughout Missouri used special charts that suggested appropriate child support amounts based on the number of children and the parents' resources. However, these charts were not the same in all circuits, so that parents who divorced in one county could wind up with a child support amount very different from what these same parents would receive in the courts of another county. To promote fairness and uniformity between the circuits, the Missouri legislature amended the child support statute in 1989 to require the Missouri Supreme Court to establish its own guidelines for establishing child support, which would apply throughout the state. These guidelines would yield a "presumed child support amount". The amount of child support suggested by the guidelines would apply, unless for some reason the amount suggested was "unjust or inappropriate" in a particular case.

Missouri's uniform child support guidelines are contained in Missouri Supreme Court Rule 88. Under Rule 88, a special worksheet is used which computes a presumed child support amount based several factors, including the monthly gross income of both parents, the number of children for whom support is to be paid, and such other factors as the costs of day care for the children, the children's educational expenses, the cost of health insurance, and other special needs of the children. The worksheet used to compute the presumed support amount is known as "Form 14." You can see what Form 14 looks like and run a calculation of what your presumed child support amount might be at the Form 14 Presumed Child Support Calculation Worksheet page, located at this site. (Return to Top)

No! If your ex-spouse denies your visitation rights in violation of the decree, there are several remedies available to you. See, for example, "What rights does the noncustodial parent have?", above. However, if you stop paying child support, you will be considered in violation of the decree. Your wages could be subject to a garnishment, or your assets could be seized and sold to help pay your support obligation. You could also be held in contempt of court, which means that you could be subject to time in jail until you agree to pay your support obligation. There are other sanctions that could apply to you as well under both state and federal law if you stop paying support. You may seek permission of the court to reduce or eliminate your support obligation or to transfer custody of the children to you if your ex-spouse denies your visitation rights, but you should continue to pay your child support obligation until you have a different order from the court. See Section 452.340, R.S.Mo.. (Return to Top)

No! If your ex-spouse is refusing to pay court-ordered child support, there are several remedies available to you, including wage garnishment, seizure and sale of assets, and a motion for contempt to have your ex-spouse put in jail until he/she agrees to pay the support obligation. In addition, recent changes in Missouri law provide for the suspension of business, professional, and occupational licenses of people who are behind in their child support payments, and other remedies. However, if you deny your ex-spouse court-ordered visitation, you are in violation of the decree. You could be subject to a motion to modify by your ex-spouse, seeking a reduction in support or even a change in custody. Your ex-spouse could also ask the court to hold you in contempt, which could mean jail time for you until you agree to let your ex-spouse enjoy his visitation rights. In addition, you could be required to pay your ex-spouse's attorney fees and court costs in bringing you to court. You should continue to permit your ex-spouse to have his/her time with the children, even if he/she is not paying the child support. (Return to Top)

No. Unlike maintenance, child support is not tax deductible. (Return to Top)

Generally, no. Payments made directly to your child, your child's doctor, school or day care provider will not be credited to the amount of child support you owe. The same is true for items which you buy for your child, including clothing, food, books, supplies or other items. Any amount of child support which you fail to pay as required in your divorce decree, paternity decree or other support order will be considered an arrearage in your support obligation. The other parent will still be able to recover the amount you owe by garnishment or other process at any time within ten years after the date your payment was due.

However, there are three exceptions to this rule:

1. When you have the permission of the payee parent. If the parent entitled to receive your child support payment consents to your spending the support in a certain way, such as for a child's clothing or medical expenses, you may be able to deduct the amount you spend from the child support you otherwise would have to pay. It's a good idea to get that permission in writing, and you should keep that writing and other supporting documents (such as the doctor bill, tuition receipt, or canceled check) for at least ten years from that time, in case your ex-spouse should later claim that you did not pay the support you owed.

2. When you have court permission to make payments directly to the child. When your child attends college or vocational school after graduation from high school, Missouri law permits you to seek the permission of the court to make your child support payments directly to your child. See Section 452.340, R.S.Mo. You should continue to make your child support payments directly to your ex-spouse until you have obtained the court's permission, however.

   (Return to Top)

If you are the noncustodial parent, Missouri law provides that your child support obligation abates (in other words, you will be excused from paying child support) for each period of time in excess of thirty (30) days that your ex-spouse voluntarily gives physical custody of the child to you. This does not include time the child was scheduled to be with you, such as during your summer temporary custody period. The child must be residing with you with the consent of your ex-spouse, i.e., not against your ex-spouse's wishes. See Section 452.340, R.S.Mo. (Return to Top)

Unless your decree or separation agreement provides otherwise, your support obligation lasts until the first of the following occurs:

• Your child dies
• Your child marries
• Your child enters the military
• Your child becomes self-supporting and the custodial parent has relinquished the child from parental control
• Your child reaches the age of 18 UNLESS:
  • He/she is still attending and has not yet graduated from high school, OR
  • He/she has graduated from high school or received an equivalent diploma AND is attending college or vocational school (the child has until October 1st following high school graduation to enroll in college or vocational school). Your child must enroll in and complete at least 12 credit hours per term with grades sufficient to re-enroll in the the school the next term, AND your child must submit periodic school transcripts to each parent showing your child's progress, grades, and proposed enrollment for the next term.
• Your child reaches the age of 21 AND has not graduated from high school
• Your child reaches the age of 22

Thus, if your child is over 18 and is enrolled in college or vocational school by October 1 following high school graduation, your child support obligation will continue until your child either graduates from college or completes vocational training, or ceases to attend college or vocational school, or ceases to maintain at least 12 hours of college or vocational school per term, or fails to maintain the grades necessary to re-enroll in the college or vocational school the next term, or reaches the age of 22, whichever occurs first. If your child fails to graduate from high school after reaching 18, your child support obligation continues so long as your child continues to attend secondary school until the child graduates from high school without enrolling in college or vocational school by October 1st following graduation or reaches 21, whichever occurs first. In any case, your child support obligation ends when the child either dies, marries, joins the military, or becomes self-supporting and is no longer under parental control. See Section 452.340, R.S.Mo..

Under special circumstances, such as where your child is physically or mentally incapacitated, the court may extend your support obligation beyond your child's 18th birthday. In addition, under certain circumstances, the court may waive the October 1st deadline for your child to enroll in college or vocational school. (Return to Top)

In any case where there may be a dispute between you and your ex-spouse about whether your child support obligation is over, you should seek an order from the court that specifically states that your child support obligation has ended.

For more information about child support in Missouri, see the Missouri Bar Young Lawyers Section publication entitled Child Support In Missouri: Establishing and Enforcing Your Rights. (Return to Top)

How long a case will last will vary from one situation to the next. The court cannot grant a dissolution until thirty (30) days following the original filing of the Petition for Dissolution. If the parties are in fair agreement about the terms of the divorce from the beginning, the case can be concluded rather quickly--as soon as sixty to ninety days from the date the petition is filed. If negotiation is required or if the parties cannot agree about major issues, the case will take longer. Contested dissolution cases can last several months before they are finally resolved by settlement or trial. (Return to Top)

No. If your situation requires it, your attorney can file a special motion during the divorce case to obtain certain relief prior to the conclusion of your case. The motion can request such relief as a temporary custody order, an order for child support, maintenance or both, for attorney fees and costs that will be needed in the case, and an order restraining the parties from disposing of marital assets. At the hearing on the motion, the court will issue such orders as it believes will help maintain the status quo or stabilize the situation between you and your spouse until the divorce is final. When deciding what relief should be granted, the court will consider the same factors and apply the same standards that it uses at the final divorce hearing (i.e., the "best interests of the child" standard and the factors listed in Section 452.375 for custody issues, the Form 14 calculations and the factors listed in Section 452.340 for determining child support, and so on). These temporary orders will automatically terminate at the time the final Judgment and Decree of Dissolution is granted. The statutes which authorizes these temporary orders are Section 452.315, R.S.Mo., Section 452.380, R.S.Mo., and Section 452.355, R.S.Mo. (Return to Top)

Some of the terms in your decree are subject to change in the future. If there are children involved, the court could enter an order at a later time to alter the custody arrangement in some way if the best interests of the children require it because of a "continuing and substantial change in circumstances" since the decree was entered. The amount of child support or modifiable maintenance is also subject to change. In order to make changes in child support or maintenance, a court must be satisfied that there has been a continuing and substantial change in circumstances that render the original child support or maintenance amounts unreasonable. (Where changes in the parties' incomes or other factors would result in a change in the amount of child support by 20% or more under Form 14, the law presumes that a continuing and substantial change in circumstances has occurred.) Either party may request changes in the custody, child support or maintenance provisions of the decree by filing a "motion to modify" with the court, and a copy of the motion must be personally served on the other party.

The provisions concerning the division of marital property are not subject to modification. However, if any marital assets are later discovered that were not divided by the court in the Decree of Dissolution, there is a procedure where you can ask the court to divide these other assets. (Return to Top)