452.355. Allocation of cost of action and attorney fees by court--actions for failure to pay child support, reasonable costs and attorney fees to be paid by obligor, when--definitions.

MISSOURI STATUTES AND CODES

452.355. Allocation of cost of action and attorney fees by court--actions for failure to pay child support, reasonable costs and attorney fees to be paid by obligor, when--definitions.

Allocation of cost of action and attorney fees by court--actions forfailure to pay child support, reasonable costs and attorney fees tobe paid by obligor, when--definitions.

452.355. 1. Unless otherwise indicated, the court from time to timeafter considering all relevant factors including the financial resources ofboth parties, the merits of the case and the actions of the parties duringthe pendency of the action, may order a party to pay a reasonable amountfor the cost to the other party of maintaining or defending any proceedingpursuant to sections 452.300 to 452.415 and for attorney's fees, includingsums for legal services rendered and costs incurred prior to thecommencement of the proceeding and after entry of a final judgment. Thecourt may order that the amount be paid directly to the attorney, who mayenforce the order in the attorney's name.

2. In any proceeding in which the failure to pay child supportpursuant to a temporary order or final judgment is an issue, if the courtfinds that the obligor has failed, without good cause, to comply with suchorder or decree to pay the child support, the court shall order theobligor, if requested and for good cause shown, to pay a reasonable amountfor the cost of the suit to the obligee, including reasonable sums forlegal services. The court may order that the amount be paid directly tothe attorney, who may enforce the order in his name.

3. For purposes of this section, an "obligor" is a person owing aduty of support and an "obligee" is a person to whom a duty of support isowed.

4. For purposes of this section, "good cause" includes anysubstantial reason why the obligor is unable to pay the child support asordered. Good cause does not exist if the obligor purposely maintains hisinability to pay.

(L. 1973 H.B. 315 § 12, A.L. 1988 H.B. 1272, et al., A.L. 1998 S.B. 910)
(1977) Prospective termination of spousal maintenance without evidence of change in circumstances is abuse of discretion. In re Marriage of Valleroy (A.), 548 S.W.2d 857.