452.416. Parent's change in income due to military service, effect on order of child support--director of division of child support enforcement, duties. - Missouri Statutes

Parent's change in income due to military service, effect on orderof child support--director of division of child supportenforcement, duties.

452.416. 1. Notwithstanding any other provision of law to thecontrary, whenever a parent in emergency military service has a change inincome due to such military service, such change in income shall beconsidered a change in circumstances so substantial and continuing as tomake the terms of any order or judgment for child support or visitationunreasonable.

2. Upon receipt of a notarized letter from the commanding officer ofa noncustodial parent in emergency military service which contains the dateof the commencement of emergency military service and the compensation ofthe parent in emergency military service, the director of the division ofchild support enforcement shall take appropriate action to seekmodification of the order or judgment of child support in accordance withthe guidelines and criteria set forth in section 452.340 and applicablesupreme court rules. Such notification to the director shall constitute anapplication for services under section 454.425, RSMo.

3. Upon return from emergency military service the parent shallnotify the director of the division of child support enforcement who shalltake appropriate action to seek modification of the order or judgment ofchild support in accordance with the guidelines and criteria set forth insection 452.340 and applicable supreme court rules. Such notification tothe director shall constitute an application for services under section454.425, RSMo.

4. As used in this section, the term "emergency military service"means that the parent is a member of a reserve unit or national guard unitwhich is called into active military duty for a period of more than thirtydays.

(L. 1991 S.B. 358, A.L. 1998 S.B. 910)