Support Guidelines in an Uncontested Divorce in Missouri

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    Uncontested Divorce

    • Missouri recognizes no-fault divorce, allowing either spouse to file based on irretrievable breakdown of the marriage with no chance of reconciliation. When a divorce is uncontested, the other spouse -- the respondent -- either consents to the divorce or does not answer, allowing the court to grant a divorce by default. If the spouses file together, the divorce is still uncontested and the procedure is simplified, which means the court can grant the divorce in 30 days.

    Spousal Support

    • A court can order one spouse to pay spousal support, called maintenance, if the other spouse has substantially less assets and income. Permanent support is very unlikely, as maintenance is designed to provide short-term funds while the spouse transitions to being financially self-sufficient. Missouri Statute Title 30, Chapter 452, Section 335, sets forth the factors a court will consider when setting the amount and duration of the maintenance payments. They include the duration of the marriage, the value of each spouse's assets, each spouse's income, the receiving spouse's age and health, especially if either prevent him from working, whether the receiving spouse is the custodial parent and therefore cannot work, whether the receiving spouse must complete education or training to obtain employment and the time it will take to complete such a program and each spouse's conduct during the marriage (e.g., abuse, adultery or addiction).

    Modification and Termination

    • A spousal maintenance order can be modified if either spouse experiences a "substantial and continuing change in circumstances." This can include a severe health condition, loss of a job and a significant increase or decrease in income.

      Maintenance terminates on the date set forth in the support order. Prior to that date, the support obligation terminates upon the death of either spouse or if the spouse receiving maintenance remarries.

    Child Support

    • Both spouses have an obligation to provide financial support for the child. When they divorce, the non-custodial parent must pay child support. A Missouri court will set the child support amount based on the owing parent's income, the amount of time that parent spends with the child and the child's needs, including child care, education, health care and extracurricular activities. Like spousal support, a child support order can be modified if there has been a change in circumstances since the original order was issued.

      A child support order terminates when the child turns 18. However, if the child becomes emancipated before 18, the parent is no longer required to pay support. Emancipation occurs i the child marries, enlists in the military or becomes self-supporting.

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