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Title XII PUBLIC HEALTH AND WELFARE

Chapter 210

previous next Effective - 01 Jul 1997, see footnotebottom

  210.841.  Judgment or order, contents — amount of support, presumption. — 1.  The judgment or order of the court determining the existence or nonexistence of the parent and child relationship is determinative for all purposes.

  2.  If the judgment or order of the court varies with the child's birth certificate, the court shall order that an amended birth registration be made pursuant to section 210.849.

  3.  The judgment or order shall contain the Social Security number of each party and may contain any other provision directed against the appropriate party to the proceeding concerning:

  (1)  The duty of support;

  (2)  The custody and guardianship of the child;

  (3)  Visitation privileges with the child;

  (4)  The furnishing of bond or other security for the payment of the judgment; or

  (5)  Any matter in the best interest of the child.  The judgment or order may direct the father to pay the reasonable expenses of the mother's pregnancy and confinement.

  4.  Support judgments or orders ordinarily shall be for periodic payments.  In the best interests of the child, a lump sum payment or the purchase of an annuity may be ordered in lieu of periodic payments of support.  The court may limit the father's liability for past support of the child to the proportion of the expenses already incurred that the court deems just.

  5.  There shall be a rebuttable presumption that the amount of support that would result from the application of supreme court rule 88.01 is the correct amount of child support to be awarded.  A written finding or specific finding on the record that the application of supreme court rule 88.01 would be unjust or inappropriate in a particular case, after considering all relevant factors including the factors in subsection 6 of this section, shall be sufficient to rebut the presumption in the case.

  6.  In determining the amount to be paid by a parent for support of the child and the period during which the duty of support is owed, the court shall consider all relevant facts, including:

  (1)  The needs of the child;

  (2)  The standard of living and circumstances of the parents;

  (3)  The relative financial means of the parents;

  (4)  The earning ability of the parents;

  (5)  The need and capacity of the child for education, including higher education;

  (6)  The age of the child;

  (7)  The financial resources and earning capacity of the child;

  (8)  The responsibility of the parents for the support of other children;

  (9)  The value of the services contributed by the custodial parent; and

  (10)  The standard of living and circumstances of the family prior to the dissolution of marriage of parents or during the period of cohabitation of the parents.

  7.  Any award for periodic child support may be retroactive to the date of service of the original petition upon the obligor.

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(L. 1987 S.B. 328 § 15, A.L. 1993 S.B. 253, A.L. 1997 S.B. 361)

Effective 7-1-97

(2002) Parent may seek child support order without first filing for dissolution, annulment, separate maintenance, custody, or visitation. State ex rel. Division of Family Services v. Summerford, 75 S.W.3d 353 (Mo.App.W.D.).


---- end of effective   01 Jul 1997 ----

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