Child Support

 

Missouri child support laws aim to meet children's needs by ordering one party to make monthly

payments to other party, according to state guidelines where the child’s well-being is the focus. These

payments ensure the necessities such as food, housing, and clothing are met, and are calculated in

Missouri based on Form 14, taking into account various factors including incomes of both parents,

health insurance, and childcare costs, ensuring fairness and sufficiency of the support provided. 

Form 14 combines the income of both parents, then considers the estimated cost needed to raise the

child andalong with the number of nights the child stays with each parent.  In general the party with

the higher income who has the child less will be the one responsible for paying the other party child

support. 

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Child support guidelines are a fee schedule. However, parents don’t have to follow the guidelines and can agree to more than the suggested amount. Sometimes, the guidelines suggest a child support amount that can be seen as unjust. If that occurs, the court has a right to adjust the child support amount. Extraordinary medical or educational expenses, as well as travel costs if parents live too far apart, are just some of the reasons that courts may deviate from the Missouri child support guidelines.

Child support is covered under Missouri Revised Statutes Chapter 452 and enforced by Chapter 454. Here is a brief look at important information regarding this.

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Key Factors Influencing Child Support Calculations:

• Total Number of Children.

• Parents’ Combined Monthly Gross Income and each parent’s adjusted monthly income.

• Additional Costs such as work-related childcare expenses, health insurance costs, and other expenses like extracurricular activities and private school tuition.

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Circumstances that May Cause Deviation:

The court may adjust the standard calculation amount based on:

• The child’s physical and mental well-being.

• Educational needs of the child.

• An estimate of the standard of living the child would have experienced if the parents lived together.

• The financial needs and resources of both the child and the parents.​​

 

Out-Of-Court Agreements And Overnight Adjustments:

• Parents may opt for a mutual support agreement outside of court proceedings.

• The calculation considers the number of overnights the non-custodial parent has, with deductions in support obligation for 36 to 183 overnights annually.

• Significant income disparities between parents or one parent covering the majority of child-rearing costs not included in the calculation may influence the judge’s decision on adjustments.

• These components ensure that child support payments in Missouri are tailored to meet the unique needs of each family, focusing on the child’s well-being while considering the financial capabilities and responsibilities of both parents.​​

 

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2. Do I have to pay child support if the mother refuses to allow me to see my children? 

•  Yes. However, it is important to take legal action if you are entitled to visitation with your child and the other parent refuses.   parent may not deny court-ordered visitation/custody. If a parent denies visitation, the court may reduce child support if it finds that the parent receiving support has failed, without good cause, to provide visitation as ordered.  Additionally, if the parent receiving support has voluntarily given up physical custody of the child to the parent paying support for more than 30 days, support for that period may abate. 

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3.  How much of my paycheck can be taken for child support in Missouri?

• ​The amount of your disposable earnings that can be garnished for unpaid child support in Missouri varies based on your responsibilities. If you are supporting a spouse or another child not involved in the order, up to 50% of your earnings can be garnished. If you are not supporting another spouse or child, up to 60% of your earnings may be taken for child support.

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4. Do You Have to Pay Child Support if You Have 50/50 Custody in Missouri?

• In cases of 50/50 custody, Missouri law does not exempt a parent from child support obligations. Courts may still order child support payments even when parenting time is equally divided.

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5.  Can Missouri child support be adjusted in the future?

• Yes. The party asking for the adjustment must file a Motion to Modify Child Support with the court system in the county where the original support order originated. A judge can modify the amount of child support up or down, depending on the financial circumstances of both parents at the time of the motion.

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6.  Can a court order an employer to deduct child support from the supporting parent's salary?

• Yes. This is called a wage assignment. In Missouri, the receiving party is automatically entitled to a wage assignment, when otherwise agreed upon or if cause is shown.

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7.  Can child support continue after a child goes to college?

• Yes, but only if the parties agree, or if the child suffers from a severe medical condition or is handicapped. Otherwise, the court cannot award support past the age of majority.

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8. Must the court always follow the chart for child support awards or can special circumstances, such as private school tuition, result in a greater amount?

• Rule 88.01 provides for extraordinary educational, medical or agreed-upon expenses to be added to the child support obligation. The court will consider all relevant facts in consideration of a request for support above the presumed amount.