Supreme Court of Missouri
en banc

In re:
Repeal of 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 Civil Procedure Form No. 14, entitled "Presumed Child Support Amount Calculation Worksheet," and the direction, caveat, and comments thereto, in order to conform to recently passed legislation, and in lieu thereof adoption of a new line 11, entitled "Adjustment for a portion of amounts expended by the parent obligated to pay support during periods of overnight visitation or custody," and the direction, caveat, and comments thereto.



1.  It is ordered that effective January 1, 2012, line 11 of Civil Procedure Form No. 14 and the direction, caveat, and comments thereto be and the same are hereby repealed and a new line 11 of Civil Procedure Form No. 14 and the direction, caveat, and comments thereto adopted in lieu thereof to read as follows:

• 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.
• If the parent obligated to pay support is or has been awarded periods of overnight visitation or custody of more than 109 days per year, the adjustment for that parent may be greater than 10% up to a maximum of 50%.

• % of Year	Number of Overnight Periods	Adjustment
  	Less than 36	0%
  10% - 20%	36 – 72	6%
  20% - 25%	73 – 91	9%
  25% - 30%	92 – 109	10%

• 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
  $1,350	$1,700	$1,900	$2,100	$2,300	$2,600

• ²These amounts represent the maximum adjusted monthly gross income to which the self-support reserve applies for the stated number of children.
• 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 equal or 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).  The court has discretion to allow the parent paying support a line 11 adjustment of up to 50% without deviating from the presumed child support amount.
• 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.

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





_____________________________

Mary R. Russell
Acting Chief Justice