Who decides whether you should pay or receive child support?

Child support orders can be entered administratively by the State of Missouri’s Family Support Division, or by a judge in the Circuit Court. 

During a divorce case involving children a judge will normally award child support.  Exceptions apply.  For example, if both parents have equal parenting time and have roughly equal incomes, the judge may not award any child support.

How is child support calculated?

Child support in Missouri is calculated on what is called the “Form 14”.  This calculation worksheet produces what is referred to as a “presumed amount” of support by requiring the input of a handful of factors.  

The factors used to compute the presumed amount of child support include (a) the income of both parents, (2) the amount of overnight custody or visitation that each party has, (3) the cost of health insurance and who is paying, (4) the cost of child care expenses and who is paying, (5) the number of children, and (6) other factors.  

Even though a Form 14 produces a presumed amount of child support, a judge is not required to adopt and order that child support amount.  A judge can elect to go “off chart” if he or she determines that the presumed amount is unjust and inappropriate.

Retroactive child support

In a divorce, custody case, paternity case, or modification, the judge has discretion on whether to award support retroactive to the date of filing. 

The judge can award retroactive support back to the date of filing without regard to fault of the parties. 

During the pendency of a divorce either party may move for a temporary (or pendente lite / PDL) order of child support.  This can be particularly helpful when a divorce case extends out over a long period of time.

Can child support be modified?

If a change in circumstances has arisen since the date of the last judgment, the change may allow you to modify child support.  However, the change cannot be something minimal or temporary.  For example, if your income drops for one month, that alone will usually not provide a basis for an increase in child support. 

Court have decided that the change must be “so substantial and continuing as to make the terms of the original decree unreasonable.” 

If a current child support calculation would result in an increase or decrease of at least 20% there is good chance that you would be able to modify your support order.