Missouri Revised Statutes













Chapter 452

Dissolution of Marriage, Divorce, Alimony and Separate Maintenance

←452.415

Section 452.416.1

452.420→

August 28, 2015

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

452.416. 1. Notwithstanding any other provision of law to the

contrary, whenever a parent in emergency military service has a change in

income due to such military service, such change in income shall be

considered a change in circumstances so substantial and continuing as to

make the terms of any order or judgment for child support or visitation

unreasonable.



2. Upon receipt of a notarized letter from the commanding officer of

a noncustodial parent in emergency military service which contains the date

of the commencement of emergency military service and the compensation of

the parent in emergency military service, the director of the family

support division shall take appropriate action to seek modification of the

order or judgment of child support in accordance with the guidelines and

criteria set forth in section 452.340 and applicable supreme court rules.

Such notification to the director shall constitute an application for

services under section 454.425.



3. Upon return from emergency military service the parent shall

notify the director of the family support division who shall take

appropriate action to seek modification of the order or judgment of child

support in accordance with the guidelines and criteria set forth in section

452.340 and applicable supreme court rules. Such notification to the

director shall constitute an application for services under section

454.425.



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 unit

which is called into active military duty for a period of more than thirty

days.



(L. 1991 S.B. 358, A.L. 1998 S.B. 910, A.L. 2014 H.B. 1299 Revision)





1998



1998



452.416. 1. Notwithstanding any other provision of law to the contrary,

whenever a parent in emergency military service has a change in income due to

such military service, such change in income shall be considered a change in

circumstances so substantial and continuing as to make the terms of any order

or judgment for child support or visitation unreasonable.



2. Upon receipt of a notarized letter from the commanding officer of a

noncustodial parent in emergency military service which contains the date of

the commencement of emergency military service and the compensation of the

parent in emergency military service, the director of the division of child

support enforcement shall take appropriate action to seek modification of the

order or judgment of child support in accordance with the guidelines and

criteria set forth in section 452.340 and applicable supreme court rules.

Such notification to the director shall constitute an application for services

under section 454.425.



3. Upon return from emergency military service the parent shall notify

the director of the division of child support enforcement who shall take

appropriate action to seek modification of the order or judgment of child

support in accordance with the guidelines and criteria set forth in section

452.340 and applicable supreme court rules. Such notification to the director

shall constitute an application for services under section 454.425.



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 unit which is

called into active military duty for a period of more than thirty days.



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