Supreme Court of Missouri
en banc
October 5, 2021
Effective April 5, 2022
In re:
Correction of order of May 4, 2021, repealing and adopting a new Civil Procedure Form No. 14, entitled “Child Support Amount Calculation Worksheet,” along with directions, comments for use and examples for completion.
ORDER
1. By order of May 4, 2021, this Court adopted a new Civil Procedure Form No. 14. The Court hereby corrects Line 2c, entitled “Adjustment to gross income for other children primarily residing with a parent,” and Line 11, entitled “Adjustment for a portion of amounts expended by the parent obligated to pay support during periods of overnight visitation or custody,” of the Directions, Comments for Use and Examples for Completion of Form No. 14 to read as follows, effective April 5, 2022:
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DIRECTIONS, COMMENTS FOR USE AND EXAMPLES FOR COMPLETION OF FORM NO. 14
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Line 2c: Adjustment to gross income for other children primarily residing with a parent
DIRECTION: Enter the monthly amount of the support obligation of the parent for any children primarily residing in his or her custody and not the subject of this proceeding.
The amount of the adjustment is the amount in the schedule of basic child support obligations that represents that parent's support obligation based only on that parent's gross income and without any adjustment for other children for whom that parent is responsible.
CAVEAT: The adjustment for a child for whom there is an existing court or administrative order shall be reduced by the amount that is actually being paid in current support payments.
An adjustment is appropriate in a proceeding to establish a child support order or to modify the support payable under an existing order. The adjustment is available for the parent’s natural and adopted children but not the parent’s stepchildren.
In a modification of an existing support order, both parents will receive credit for children in their primary care that have remained in their care since before the current order. However, parents will not get a line 2(c) credit for children born after the current order except as follows:
(1) If the newly calculated child support amount results in an increase to the prior order, the tribunal may recalculate the presumed correct child support amount to include a line 2(c) credit for the paying parent. However, the application of the line 2(c) credit cannot result in a decrease to the prior order.
(2) If the newly calculated child support amount results in a decrease to the prior order, the tribunal may recalculate the presumed correct child support amount to include a line 2(c) credit for the receiving parent. However, the application of the line 2(c) credit cannot result in an increase to the prior order.
A. COMMENT: Children are primarily residing in a parent’s custody though living away from the parent to attend school.
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Line 11: Adjustment for a portion of amounts expended by the parent obligated to pay support during periods of overnight visitation or custody
DIRECTION: Enter the monthly amount of any adjustment to which the parent obligated to pay support is entitled for a portion of the amounts expended on the children who are the subject of this proceeding during that parent's periods of overnight visitation or custody. The adjustment shall be calculated by multiplying the basic child support amount from line 5 by the applicable adjustment from the table below. This adjustment is based on the number of periods of overnight visitation or custody per year awarded to and exercised by the parent obligated to pay support under any order or judgment. The fact that one or more children subject to the support order are over 18, and pursuant to Section 452.310.11, RSMo, no overnight custody or visitation has been ordered for the child or children over 18, does not preclude application of the adjustment when circumstances would support an adjustment for periods overnight time spent with the obligated parent.
|
Number of Overnights |
Adjustment |
|
Less than 36 |
0% |
|
36-72 |
6% |
|
73-91 |
9% |
|
92-109 |
10% |
|
110-115 |
13% |
|
116-119 |
15% |
|
120-125 |
17% |
|
126-130 |
20% |
|
131-136 |
23% |
|
137-141 |
25% |
|
142-147 |
27% |
|
148-152 |
28% |
|
153-158 |
29% |
|
159-164 |
30% |
|
165-170 |
31% |
|
171-175 |
32% |
|
176-180 |
33% |
|
181-183 |
34% |
If the court finds that application of these rules, including the line 11 credit, are unjust and inappropriate, it may apply an overnight visitation or custody adjustment of over 34% and up to 50% based upon the circumstances of the parties. In particular, in deciding whether to apply an additional credit, the court should consider the presence and amount of disparity between the incomes of the parties, giving more weight to those disparities in the parties’ income of less than 20%; as well as considering which parent is responsible for the majority of the non-duplicated fixed expenditures, such as routine clothing costs, costs for extracurricular activities, school supplies, and any other similar non-duplicated fixed expenditures.
CAVEAT: Except as provided in the next paragraph, an adjustment on line 11 shall not be allowed unless the adjusted monthly gross income of the parent entitled to receive support (line 3) exceeds the amounts set forth in the table below for the appropriate number of children.[2]
|
1 child |
2 children |
3 children |
4 children |
5 children |
6 children |
|
$1,450 |
$1,800 |
$ 2,100 |
$2,350 |
$2,650 |
$3,000 |
Notwithstanding the amounts set forth in the table above, an adjustment may be given if:
(1) The parent entitled to receive support is unemployed or underemployed because the expenses of that parent are paid, in whole or in part, by a person with whom that parent cohabits, or
(2) The adjusted monthly gross income of the parent obligated to pay support (line 3) less the presumed child support amount (line 12) is equal to or less than the amounts set forth in the table above for the appropriate number of children.
A. COMMENT: If an award of custody results in a child or children spending substantially equal time with both parents, the adjustment for the obligated parent may be determined after considering all relevant factors, including those set forth in Assumption (12).
B. COMMENT: The presumed child support amount is not unjust or inappropriate if the parent obligated to pay support receives an adjustment greater than 10% if that parent is awarded periods of overnight visitation or custody of more than 109 days per year.
C. COMMENT: In any proceeding to establish a child support order or to modify the support payable under an existing order, the adjustment on line 11 may be rebutted if the parent obligated to pay support:
(1) Without fault of the parent entitled to receive support, does not exercise the periods of overnight visitation or custody with the children who are the subject of this proceeding awarded under any order or judgment,
(2) Does not incur significant expenditures as a result of exercise of the periods of overnight visitation or custody awarded under any order or judgment, or
(3) Without fault of the parent entitled to receive support, exercises the periods of overnight visitation or custody awarded under any order or judgment with some but not all of the children who are the subject of this proceeding.
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2. It is ordered that notice of this order be published in the Journal of The Missouri Bar.
3. It is ordered that this order be published in the South Western Reporter.
Day – to – Day
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PAUL C. WILSON
Chief Justice