210.841. Judgment or order, contents--amount of support, presumption. - Missouri Statutes

Judgment or order, contents--amount of support, presumption.

210.841. 1. The judgment or order of the court determining theexistence or nonexistence of the parent and child relationship isdeterminative for all purposes.

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

3. The judgment or order shall contain the Social Security number ofeach party and may contain any other provision directed against theappropriate 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 thejudgment; or

(5) Any matter in the best interest of the child.

The judgment or order may direct the father to pay the reasonable expensesof the mother's pregnancy and confinement.

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

5. There shall be a rebuttable presumption that the amount of supportthat would result from the application of supreme court rule 88.01 is thecorrect amount of child support to be awarded. A written finding orspecific finding on the record that the application of supreme court rule88.01 would be unjust or inappropriate in a particular case, afterconsidering all relevant factors including the factors in subsection 6 ofthis section, shall be sufficient to rebut the presumption in the case.

6. In determining the amount to be paid by a parent for support ofthe child and the period during which the duty of support is owed, thecourt 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, includinghigher 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 otherchildren;

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

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

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

(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.).