HOUSE BILL NO. 2043 103RD GENERAL ASSEMBLY
INTRODUCED BY REPRESENTATIVE TERRY.
4177H.01I JOSEPH ENGLER, Chief Clerk
AN ACT To repeal sections 452.340, 452.375, and 452.400, RSMo, and to enact in lieu thereof three new sections relating to the custody and support of children, with penalty provisions.
Be it enacted by the General Assembly of the state of Missouri, as follows:
Section A. Sections 452.340, 452.375, and 452.400, RSMo, are repealed and three 2 new sections enacted in lieu thereof, to be known as sections 452.340, 452.375, and 452.400, 3 to read as follows: 452.340. 1. In a proceeding for dissolution of marriage, legal separation or child 2 support, the court may order either or both parents owing a duty of support to a child of the 3 marriage to pay an amount reasonable or necessary for the support of the child, including an 4 award retroactive to the date of filing the petition, without regard to marital misconduct, after 5 considering all relevant factors including: 6 (1) The financial needs and resources of the child; 7 (2) The financial resources and needs of the parents; 8 (3) The standard of living the child would have enjoyed had the marriage not been 9 dissolved; 10 (4) The physical and emotional condition of the child, and the child's educational 11 needs; 12 (5) The child's physical and legal custody arrangements, including the amount of time 13 the child spends with each parent and the reasonable expenses associated with the custody or 14 visitation arrangements; and 15 (6) The reasonable work-related child care expenses of each parent.
EXPLANATION — Matter enclosed in bold-faced brackets [thus] in the above bill is not enacted and is intended to be omitted from the law. Matter in bold-face type in the above bill is proposed language. HB 2043 2
16 2. The obligation of the parent ordered to make support payments shall abate, in 17 whole or in part, for such periods of time in excess of thirty consecutive days that the other 18 parent has voluntarily relinquished physical custody of a child to the parent ordered to pay 19 child support, notwithstanding any periods of visitation or temporary physical and legal or 20 physical or legal custody pursuant to a judgment of dissolution or legal separation or any 21 modification thereof. In a IV-D case, the family support division may determine the amount 22 of the abatement pursuant to this subsection for any child support order and shall record the 23 amount of abatement in the automated child support system record established pursuant to 24 chapter 454. If the case is not a IV-D case and upon court order, the circuit clerk shall record 25 the amount of abatement in the automated child support system record established in chapter 26 454. 27 3. Unless the circumstances of the child manifestly dictate otherwise and the court 28 specifically so provides, the obligation of a parent to make child support payments shall 29 terminate when the child: 30 (1) Dies; 31 (2) Marries; 32 (3) Enters active duty in the military; 33 (4) Becomes self-supporting, provided that the custodial parent has relinquished the 34 child from parental control by express or implied consent; 35 (5) Reaches age eighteen, unless the provisions of subsection 4 or 5 of this section 36 apply; or 37 (6) Reaches age twenty-one, unless the provisions of the child support order 38 specifically extend the parental support order past the child's twenty-first birthday for reasons 39 provided by subsection 4 of this section. 40 4. If the child is physically or mentally incapacitated from supporting himself and 41 insolvent and unmarried, the court may extend the parental support obligation past the child's 42 eighteenth birthday. 43 5. If when a child reaches age eighteen, the child is enrolled in and attending a 44 secondary school program of instruction, the parental support obligation shall continue, if the 45 child continues to attend and progresses toward completion of said program, until the child 46 completes such program or reaches age [twenty-one] twenty-two, whichever first occurs. If 47 the child is enrolled in an institution of vocational or higher education not later than October 48 first following graduation from a secondary school or completion of a graduation equivalence 49 degree program and so long as the child enrolls for and completes at least twelve hours of 50 credit each semester, not including the summer semester, at an institution of vocational or 51 higher education and achieves grades sufficient to reenroll at such institution, the parental 52 support obligation shall continue until the child completes his or her education, or until the HB 2043 3
53 child reaches the age of twenty-one, whichever first occurs. To remain eligible for such 54 continued parental support, at the beginning of each semester the child shall submit to each 55 parent a transcript or similar official document provided by the institution of vocational or 56 higher education which includes the courses the child is enrolled in and has completed for 57 each term, the grades and credits received for each such course, and an official document 58 from the institution listing the courses which the child is enrolled in for the upcoming term 59 and the number of credits for each such course. When enrolled in at least twelve credit hours, 60 if the child receives failing grades in half or more of his or her courseload in any one 61 semester, payment of child support may be terminated and shall not be eligible for 62 reinstatement. Upon request for notification of the child's grades by the noncustodial parent, 63 the child shall produce the required documents to the noncustodial parent within thirty days of 64 receipt of grades from the education institution so long as the noncustodial parent 65 requesting the documents maintains meaningful contact with the child. If the child fails 66 to produce the required documents and the noncustodial parent requesting the documents 67 maintains meaningful contact with the child, payment of child support may terminate 68 without the accrual of any child support arrearage and shall not be eligible for reinstatement. 69 If the circumstances of the child manifestly dictate, the court may waive the October first 70 deadline for enrollment required by this subsection. If the child is enrolled in such an 71 institution, the child or parent obligated to pay support may petition the court to amend the 72 order to direct the obligated parent to make the payments directly to the child. As used in this 73 section, an "institution of vocational education" means any postsecondary training or 74 schooling for which the student is assessed a fee and attends classes regularly. "Higher 75 education" means any community college, college, or university at which the child attends 76 classes regularly. A child who has been diagnosed with a developmental disability, as defined 77 in section 630.005, or whose physical disability or diagnosed health problem limits the child's 78 ability to carry the number of credit hours prescribed in this subsection, shall remain eligible 79 for child support so long as such child is enrolled in and attending an institution of vocational 80 or higher education, and the child continues to meet the other requirements of this subsection. 81 A child who is employed at least fifteen hours per week during the semester may take as few 82 as nine credit hours per semester and remain eligible for child support so long as all other 83 requirements of this subsection are complied with. 84 6. The court shall consider ordering a parent to waive the right to claim the tax 85 dependency exemption for a child enrolled in an institution of vocational or higher education 86 in favor of the other parent if the application of state and federal tax laws and eligibility for 87 financial aid will make an award of the exemption to the other parent appropriate. 88 7. The general assembly finds and declares that it is the public policy of this state that 89 frequent, continuing and meaningful contact with both parents after the parents have HB 2043 4
90 separated or dissolved their marriage is in the best interest of the child except for cases where 91 the court specifically finds that such contact is not in the best interest of the child. In order to 92 effectuate this public policy, a court with jurisdiction shall enforce visitation, custody and 93 child support orders in the same manner. A court with jurisdiction may abate, in whole or in 94 part, any past or future obligation of support and may transfer the physical and legal or 95 physical or legal custody of one or more children if it finds that a parent has, without good 96 cause, failed to provide visitation or physical and legal or physical or legal custody to the 97 other parent pursuant to the terms of a judgment of dissolution, legal separation or 98 modifications thereof. The court shall also award, if requested and for good cause shown, 99 reasonable expenses, attorney's fees and court costs incurred by the prevailing party. 100 8. The Missouri supreme court shall have in effect a rule establishing guidelines by 101 which any award of child support shall be made in any judicial or administrative proceeding. 102 Said guidelines shall contain specific, descriptive and numeric criteria which will result in a 103 computation of the support obligation. The guidelines shall address how the amount of child 104 support shall be calculated when an award of joint physical custody results in the child or 105 children spending equal or substantially equal time with both parents and the directions and 106 comments and any tabular representations of the directions and comments for completion of 107 the child support guidelines and a subsequent form developed to reflect the guidelines shall 108 reflect the ability to obtain up to a fifty percent adjustment or credit below the basic child 109 support amount for joint physical custody or visitation as described in subsection 11 of this 110 section. The Missouri supreme court shall publish child support guidelines and specifically 111 list and explain the relevant factors and assumptions that were used to calculate the child 112 support guidelines. Any rule made pursuant to this subsection shall be reviewed by the 113 promulgating body not less than once every four years to ensure that its application results in 114 the determination of appropriate child support award amounts. 115 9. There shall be a rebuttable presumption, in any judicial or administrative 116 proceeding for the award of child support, that the amount of the award which would result 117 from the application of the guidelines established pursuant to subsection 8 of this section is 118 the correct amount of child support to be awarded. A written finding or specific finding on 119 the record in a judicial or administrative proceeding that the application of the guidelines 120 would be unjust or inappropriate in a particular case, after considering all relevant factors, 121 including the factors set out in subsection 1 of this section, shall be required and shall be 122 sufficient to rebut the presumption in the case. The written finding or specific finding on the 123 record shall detail the specific relevant factors that required a deviation from the application 124 of the guidelines. 125 10. Pursuant to this or any other chapter, when a court determines the amount owed 126 by a parent for support provided to a child by another person, other than a parent, prior to the HB 2043 5
127 date of filing of a petition requesting support, or when the director of the family support 128 division establishes the amount of state debt due pursuant to subdivision (2) of subsection 1 of 129 section 454.465, the court or director shall use the guidelines established pursuant to 130 subsection 8 of this section. The amount of child support resulting from the application of the 131 guidelines shall be applied retroactively for a period prior to the establishment of a support 132 order and the length of the period of retroactivity shall be left to the discretion of the court or 133 director. There shall be a rebuttable presumption that the amount resulting from application 134 of the guidelines under subsection 8 of this section constitutes the amount owed by the parent 135 for the period prior to the date of the filing of the petition for support or the period for which 136 state debt is being established. In applying the guidelines to determine a retroactive support 137 amount, when information as to average monthly income is available, the court or director 138 may use the average monthly income of the noncustodial parent, as averaged over the period 139 of retroactivity, in determining the amount of presumed child support owed for the period of 140 retroactivity. The court or director may enter a different amount in a particular case upon 141 finding, after consideration of all relevant factors, including the factors set out in subsection 1 142 of this section, that there is sufficient cause to rebut the presumed amount. 143 11. The court may award child support in an amount that provides up to a fifty 144 percent adjustment below the basic child support amount authorized by the child support 145 guidelines described under subsection 8 of this section for custody awards of joint physical 146 custody where the child or children spend equal or substantially equal time with both parents. 147 12. The obligation of a parent to make child support payments may be terminated as 148 follows: 149 (1) Provided that the state case registry or child support order contains the child's date 150 of birth, the obligation shall be deemed terminated without further judicial or administrative 151 process when the child reaches age twenty-one if the child support order does not specifically 152 require payment of child support beyond age twenty-one for reasons provided by subsection 4 153 of this section; 154 (2) The obligation shall be deemed terminated without further judicial or 155 administrative process when the parent receiving child support furnishes a sworn statement 156 or affidavit notifying the obligor parent of the child's emancipation in accordance with the 157 requirements of subsection 4 of section 452.370, and a copy of such sworn statement or 158 affidavit is filed with the court which entered the order establishing the child support 159 obligation, or the family support division for an order entered under section 454.470; 160 (3) The obligation shall be deemed terminated without further judicial or 161 administrative process when the parent paying child support files a sworn statement or 162 affidavit with the court which entered the order establishing the child support obligation, or 163 the family support division for an order entered under section 454.470, stating that the child is HB 2043 6
164 emancipated and reciting the factual basis for such statement; which statement or affidavit is 165 served by the court or division, as applicable, on the child support obligee; and which is either 166 acknowledged and affirmed by the child support obligee in writing, or which is not responded 167 to in writing within thirty days of receipt by the child support obligee; 168 (4) The obligation shall be terminated as provided by this subdivision by the court 169 which entered the order establishing the child support obligation, or the family support 170 division for an order entered under section 454.470, when the parent paying child support 171 files a sworn statement or affidavit with the court which entered the order establishing the 172 child support obligation, or the family support division, as applicable, stating that the child is 173 emancipated and reciting the factual basis for such statement; and which statement or 174 affidavit is served by the court or division, as applicable, on the child support obligee. If the 175 obligee denies the statement or affidavit, the court or division shall thereupon treat the sworn 176 statement or affidavit as a request for hearing and shall proceed to hear and adjudicate such 177 request for hearing as provided by law; provided that the court may require the payment of a 178 deposit as security for court costs and any accrued court costs, as provided by law, in relation 179 to such request for hearing. When the division receives a request for hearing, the hearing 180 shall be held in the manner provided by section 454.475. 181 13. The court may enter a judgment terminating child support pursuant to 182 subdivisions (1) to (3) of subsection 12 of this section without necessity of a court appearance 183 by either party. The clerk of the court shall mail a copy of a judgment terminating child 184 support entered pursuant to subsection 12 of this section on both the obligor and obligee 185 parents. The supreme court may promulgate uniform forms for sworn statements and 186 affidavits to terminate orders of child support obligations for use pursuant to subsection 12 of 187 this section and subsection 4 of section 452.370. 452.375. 1. As used in this chapter, unless the context clearly indicates otherwise: 2 (1) "Custody" means joint legal custody, sole legal custody, joint physical custody or 3 sole physical custody or any combination thereof; 4 (2) "Joint legal custody" means that the parents share the decision-making rights, 5 responsibilities, and authority relating to the health, education and welfare of the child, and, 6 unless allocated, apportioned, or decreed, the parents shall confer with one another in the 7 exercise of decision-making rights, responsibilities, and authority; 8 (3) "Joint physical custody" means an order awarding each of the parents significant, 9 but not necessarily equal, periods of time during which a child resides with or is under the 10 care and supervision of each of the parents. Joint physical custody shall be shared by the 11 parents in such a way as to assure the child of frequent, continuing and meaningful contact 12 with both parents; HB 2043 7
13 (4) "Third-party custody" means a third party designated as a legal and physical 14 custodian pursuant to subdivision (5) of subsection 5 of this section. 15 2. The court shall determine custody in accordance with the best interests of the child. 16 There shall be a rebuttable presumption that an award of equal or approximately equal 17 parenting time to each parent is in the best interests of the child. Such presumption is 18 rebuttable only by a prepond