What You Need to Know About Missouri Child Support: Guidelines, Laws, and Enforcement

Child support is a payment that one parent makes to the other to cover the expenses of raising their child or children. 

In Missouri, determining the monthly payment for child support can be complicated, and no two cases are the same.

Missouri uses a Schedule of Basic Child Support Obligations to calculate child support payments based on the parent’s income, including salary, annuities, social security, unemployment, and other sources of income. 

Missouri Child Support Guidelines

Missouri has established child support guidelines, but parents are not bound to follow them and may agree to pay more than the suggested amount.  A free Form 14 can be found here. You can use it to estimate your child support obligation.  

In some cases, the guidelines may suggest an amount that a court may consider unjust, and the court may then adjust the child support amount. 

Factors that can lead to deviation from the guidelines include extraordinary medical or educational expenses and travel costs when the parents live far apart.

Who is Responsible for Paying for Child Support in Missouri? 

Both parents are responsible for supporting their child’s needs. Usually, the parent who spends less time with the child or children (the noncustodial parent) is required to make the child support payments. 

This is because it’s assumed that the parent who spends more time with the child already spends money on their needs and should therefore receive child support.

Calculating Child Support in Missouri

Child support is calculated using the Schedule of Basic Child Support Obligations and the parent’s gross income. Missouri has a form called Form 14 as the starting point for calculating child support.

The lowest child support payment in Missouri is $50 per month, and the payment increases for each additional $50 that the parent earns. The payment also increases with each additional child.

Factors that Affect Child Support Payments in Missouri

To determine child support payments in Missouri, the court considers several factors, including:

  • The parents’ income: The court will review the parents’ income, including wages, bonuses, and self-employment income. They may also consider other sources of income, such as investment income and rental income.
  • Childcare expenses: If the custodial parent incurs childcare expenses while working, the court may include these expenses in the child support calculation.
  • Health insurance expenses: If the parent provides health insurance for the child, the court may adjust the child support payments to account for these expenses.
  • Educational expenses: The court may also consider the cost of the child’s education, including tuition, books, and fees.
  • Custody arrangements: The amount of time the child spends with each parent will also impact the child support payment amount.

How to Calculate Child Support in Missouri

To calculate child support in Missouri, you’ll need to follow these steps:

  1. Determine the gross income of both parents.
  2. Subtract certain allowable deductions from each parent’s income, such as taxes, Social Security, and retirement contributions.
  3. Add the adjusted gross incomes of both parents together.
  4. Determine the percentage of each parent’s contribution to the total adjusted gross income.
  5. Use the Missouri child support guidelines to calculate the basic child support amount.
  6. Adjust the basic child support amount based on other factors, such as childcare expenses and health insurance costs.
  7. Divide the adjusted child support amount between the parents based on the percentage of their contribution to the total adjusted gross income.

The amount of child support is determined based on Form No. 14, which sets a “presumed amount of child support.” A free Form 14 can be found here. You can use it to estimate the child support obligation.  

What is Missouri’s Form 14 Child Support Calculator? 

Missouri provides a free child support calculator that considers various factors to calculate child support payments. 

The calculator considers both parents’ income, the number of children they have, the number of overnight stays with the noncustodial parent, and other expenses like health insurance and daycare. 

The amount of child support is determined based on Form No. 14, which sets a “presumed amount of child support.” A free Form 14 can be found here. You can use it to estimate the child support obligation.  

Even if a noncustodial parent is not employed, other sources of income, like social security benefits, unemployment compensation, and lottery winnings, are considered.

In cases where a parent refuses to work to avoid paying child support, the court may impute income or establish an amount that the parent should be making based on their work history, experience, and education.

It is important to note that the MO child support calculator or Form No. 14 only provides an estimate, and the court may adjust the amount based on specific circumstances.

Filing for Child Support in Missouri

The Missouri Department of Social Services, Child Support Enforcement (CSE) program oversees child support in Missouri. 

To apply for child support services, complete the appropriate application, visit your local CSE office, or call the information line at 1-800-859-7999.

You can request child support during a legal separation, divorce, or child custody proceedings. You must file documents with the Missouri Circuit Court in the county where you or your former spouse lives. 

If you need to modify child support due to a change in circumstances, you can file the proper motion with the court. 

If your spouse refuses to pay child support until your divorce is final or you can’t agree on the amount that should be paid, the court will determine a temporary child support order.

Can You Modify Child Support in Missouri If There Has Been a Change in Circumstances? 

Child support orders in Missouri can be modified if there is a change in financial status for one or both parents. Missouri has a great website to educate parents on how to modify child support without spending money on an attorney. The instructions and free forms can be found here

This can be due to job loss or change, lottery winnings, or remarriage. However, it is essential to note that the obligation to pay child support does not go away if a parent loses their job. 

The court will review the situation and determine if the child support payments should be modified, taking into account the parent’s earning capacity in addition to their lost wages.

What Are Some Factors Where a Court will Modify a Child Support Order?

Missouri child support laws outline the factors considered when determining if a child support order should be modified. 

These include the financial needs of the child, the resources and needs of both parents, the child’s standard of living if their parents had not divorced, the physical and emotional needs of the child, their educational needs, physical and legal custody arrangements, and the childcare expenses of each parent. 

If applying these factors would result in a 20% or more change in child support payments, modification of the child support order can be initiated. 

Missouri has a great website to educate parents on how to modify child support without spending money on an attorney. The instructions and free forms can be found here

How to Enforce Child Support Payments in Missouri

If a custodial parent is not receiving child support payments, some steps can be taken to enforce the order. 

The MO Department of Social Services handles child support enforcement through the Child Support Enforcement (CSE) program.

Requesting Income Withholding 

One option is to request that the child support payment be deducted from the noncustodial parent’s paycheck. This can be done by filing a Federal Income Withholding Order. An online form can be found here

Enforcement Actions 

The CSE program has several enforcement actions at its disposal. These include:

  • Withholding income.
  • Reporting delinquent payors to the credit bureau.
  • Intercepting tax refunds.
  • Placing liens on personal property. A free form can be found here
  • Requesting Contempt of Court or criminal Non-Support charges against the noncustodial parent.

Checking Payment Status 

If you have questions about the status of a child support payment, the CSE website has a portal where you can confirm the payment status.

When Does Child Support Stop in Missouri? 

Child support payments in Missouri typically end when the child reaches the age of eighteen (18) or if the court or FSD terminates the child support order. 

However, in some instances, such as if the child is disabled or a full-time college student, child support may be required beyond eighteen.

Legal Steps to Continue Child Support for College Students 

The FSD will send the custodial parent a Notice of Intent to Stop Collection of Current Support (CS-697) ninety days before the child’s eighteenth birthday. A free form can be found here.

If the child qualifies for continued support due to enrollment in higher education, the custodial parent must return the CS-697 form. Failure to return the form will result in FSD discontinuing the collection of current support for the child once they turn eighteen.

However, in some circumstances, the noncustodial parent may still be obligated to pay support for college students. A child support obligation can only be terminated by a court order, an Affidavit for Termination of Child Support, or when the child turns twenty-one. 

FAQs

Q: How long must a father pay child support in Missouri? 

A: Child support in Missouri typically ends when the child reaches the age of 18 or when they graduate from high school, whichever happens later. However, there are some exceptions to this rule.

Q: What are the exceptions to the rule of child support ending at age 18 in Missouri? 

A: Child support may continue beyond the age of 18 if the child is disabled or if they are a full-time college student. In these cases, child support may be required until the child reaches age 21. Mo. Rev. Stat. § 452.340(5).

Q: What happens when a child turns 18 in Missouri? 

A: The Missouri Family Support Division (FSD) will send the custodial parent a Notice of Intent to Stop Collection of Current Support (CS-697) ninety days before the child’s 18th birthday. 

If the child meets the requirements for continued support, such as college enrollment, the custodial parent must return the CS-697 form. If the form is not returned, FSD stops the collection of current support for the child on their 18th birthday.

Q: Can the noncustodial parent terminate child support if the child turns 18? 

A: No, child support may only be terminated by a court order. To legally stop child support, you must file an Affidavit for Termination of Child Support and have the court issue an order.

What To Read Next

Tim

Tim McDuffey is a practicing attorney in the State of Missouri. Tim is a licensed member of the Missouri Bar and Missouri Bar Association.

Recent Posts