13th Judicial Circuit - Local Rule 68.11

68. Dissolution of Marriage (Legal Separation, Custody of Children, Maintenance and Support, Motions to Modify, and Paternity)

68.11 Child Support

A. Form 14

1. The party requesting child support or modification thereof shall complete Civil Procedure Form 14 and shall file said form within 15 days after filing the initial pleadings and shall serve same upon the respondent to the action. The responding party shall likewise file a completed Form 14 within 15 days after filing any responsive pleadings if respondent contests any figures used by the opposing party in his/her Form 14. If no responsive pleadings are filed and the responding party contests the figures used on the opposing party's Form 14, the respondent's Form 14 shall be filed and served upon opposing counsel or party, if unrepresented, no less than five (5) days prior to hearing or submission if there is no hearing. Each party has a continuing duty to update their Form 14.

B. Retroactive Payment of Child Support

1. In all proceedings to modify any provision for support of a minor child or children in a judgment of dissolution or order of paternity, there shall exist a presumption that any modification (increase or decrease) of the obligation for payment of support for a minor child shall be retroactive to the date of filing of movant's statement of income and expenses or the date of service of movant's motion to modify, whichever shall occur later.

2. Any amounts paid by a party in excess of the then existing support obligation under the judgment of dissolution or order of paternity after the date of filing of movant's statement of income and expenses or the date of service of movant's motion to modify, whichever is later, shall be credited against the amount of any retroactive award. When the court reduces the child support retroactively, any amount paid by a party in excess of the support obligation as modified shall be credited toward any arrearage and the balance, if any, applied to future support.

C. Assignment of Wages

1. Effective January 3, 1994, income withholding shall be initiated on the effective date of every order for child support or maintenance entered or modified except as provided by section 452.350.2(1) or (2), RSMo., 1993. The custodial parent shall file one of the following documents with the judge at the time the support is ordered, or with the Circuit Clerk on the date the support is ordered:

a. The Notice of Income Withholding approved by the Missouri Supreme Court and distributed by the Office of the State Courts Administrator; or

b. The parties' written agreement to an alternate form of payment.

2. The party obligated to pay child support or maintenance with respect to orders entered prior to January 3, 1994, may execute a voluntary income assignment at any time, which assignment shall be filed with the court and shall take effect after service on the employer or payor

D. Payments to Circuit Clerk for Maintenance and Support

1. The clerk shall accept only cash, certified check, business check, money order or the equivalent in satisfaction of maintenance or support payments. Tender of or attempt to satisfy a support obligation by personal check shall be ineffective and shall not constitute a defense to contempt proceedings initiated under Section 452.345, RSMo.

2. The circuit clerk may set more restrictive policies with respect to payments in accordance with law.

E. Wage Withholding

Upon application by the obligee or the Missouri Division of Child Support Enforcement of the Department of Social Services, the obligor's wages or other income shall be subject to withholding, without further notice if the obligor becomes delinquent in maintenance or child support payments in an amount equal to one month's total support obligation:

1. The withholding shall be for the current month's maintenance and support; and

2. The withholding shall include an additional amount equal to fifty percent of one month's child support and maintenance to defray delinquent support and maintenance, which additional withholding shall continue until the delinquency is paid in full.