reglab/statecodes huggingface dataset:
2023 Missouri Revised Statutes › Title XXX - Domestic Relations › Chapter 452 - Dissolution of Marriage, Divorce, Alimony and Separate Maintenance › Section 452.130 - Spouse abandoned, court to adjudge maintenance — execution to enforce.

Title XXX DOMESTIC RELATIONS
Chapter 452
• Effective - 28 Aug 2001
452.130. Spouse abandoned, court to adjudge maintenance — execution to enforce. —
When a person, without good cause, shall abandon his or her spouse, and refuse or neglect to maintain and provide for him or her, the circuit court, on his or her petition for that purpose, shall order and adjudge such support and maintenance to be provided and paid by such person for the spouse and the spouse's children, or any of them, by that marriage, out of his property, and for such time as the nature of the case and the circumstances of the parties shall require, and compel the person to give security for such maintenance, and from time to time make such further orders touching the same as shall be just, and enforce such judgment by execution, sequestration of property, or by such other lawful means as are in accordance with the practice of the court; and as long as said maintenance is continued, the person shall not be charged with the spouse's debts, contracted after the judgment for such maintenance.
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(RSMo 1939 § 3376, A.L. 2001 H.B. 537)
Prior revisions: 1929 § 2989; 1919 § 7314; 1909 § 8295
(1973) Judgment of trial court dismissing Petition for Separate Maintenance with prejudice may not be set aside unless it is clearly erroneous. Brokaw v. Brokaw (A.), 492 S.W.2d 859.
2023 Missouri Revised Statutes › Title XXX - Domestic Relations › Chapter 452 - Dissolution of Marriage, Divorce, Alimony and Separate Maintenance › Section 452.140 - No property exempt from attachment or execution, when.

Title XXX DOMESTIC RELATIONS
Chapter 452
• Effective - 28 Aug 2001
452.140. No property exempt from attachment or execution, when. —
No property shall be exempt from attachment or execution in a proceeding instituted by a person for maintenance, nor from attachment or execution upon a judgment or order issued to enforce a decree for alimony or for the support and maintenance of children. And all wages due to the defendant shall be subject to garnishment on attachment or execution in any proceedings mentioned in this section, whether the wages are due from the garnishee to the defendant for the last thirty days' service or not.
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(RSMo 1939 § 3377, A.L. 1957 p. 391, A.L. 2001 H.B. 537)
Prior revisions: 1929 § 2990; 1919 § 7315; 1909 § 8296
(1952) Garnishment on judgment in divorce action for support and maintenance of minor children held limited to ten percent of wages of defendant who had remarried, had children and was head of family. York v. York (A.), 249 S.W.2d 870.
(1957) Where judgment consisting of $1,243.33 for alimony and $2,486.67 for child support was revived in 1953 against nonresident defendant, garnishment could reach only 10% of amount of defendant's wages for child support but entire amount of wages could be seized to satisfy judgment for alimony. Ferneau v. Armour & Co. (A.), 303 S.W.2d 161.
2023 Missouri Revised Statutes › Title XXX - Domestic Relations › Chapter 452 - Dissolution of Marriage, Divorce, Alimony and Separate Maintenance › Section 452.160 - Father and mother, parent, child, defined — how construed.

Title XXX DOMESTIC RELATIONS
Chapter 452
• Effective - 28 Aug 1939
452.160. Father and mother, parent, child, defined — how construed. —
The terms of section 452.150 shall apply to children born out of wedlock and to children born in wedlock, and the terms "father and mother", "parent", "child", shall apply without reference to whether a child was born in lawful wedlock.
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(RSMo 1939 § 1527)
Prior revision: 1929 § 1363
CROSS REFERENCE:
Issue of certain marriages legitimate, 474.080
(1968) The Missouri Supreme Court held that the proper construction of Missouri statutory provisions relating to the obligations and rights of parents affords illegitimate children a right equal with that of legitimate children to require support by their fathers. Prior cases to the contrary were expressly overruled. R. . . . v. R. . . . (Mo.), 431 S.W.2d 152.
2023 Missouri Revised Statutes › Title XXX - Domestic Relations › Chapter 452 - Dissolution of Marriage, Divorce, Alimony and Separate Maintenance › Section 452.170 - Petition for enjoyment of spouse's separate estate, when.

Title XXX DOMESTIC RELATIONS
Chapter 452
• Effective - 28 Aug 2001
452.170. Petition for enjoyment of spouse's separate estate, when. —
If any married person shall hold real estate in his or her own right, and his or her spouse, by criminal conduct toward him or her, or by ill usage, shall give him or her cause to live separate and apart from him or her, such person may petition the circuit court, setting forth such facts, and therein pray that such estate may be enjoyed by him or her for his or her sole use and benefit.
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(RSMo 1939 § 3386, A.L. 2001 H.B. 537)
Prior revisions: 1929 § 2999; 1919 § 7324; 1909 § 8305
2023 Missouri Revised Statutes › Title XXX - Domestic Relations › Chapter 452 - Dissolution of Marriage, Divorce, Alimony and Separate Maintenance › Section 452.180 - Circuit court may make decree.

Title XXX DOMESTIC RELATIONS
Chapter 452
• Effective - 28 Aug 2001
452.180. Circuit court may make decree. —
The circuit court, on due proof of such facts, may, in its discretion, make such order and decree in the premises as shall give such married person the sole use and benefit of such real estate, or such part thereof as it may think reasonable.
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(RSMo 1939 § 3387, A.L. 2001 H.B. 537)
Prior revisions: 1929 § 3000; 1919 § 7325; 1909 § 8306
2023 Missouri Revised Statutes › Title XXX - Domestic Relations › Chapter 452 - Dissolution of Marriage, Divorce, Alimony and Separate Maintenance › Section 452.190 - Authorization by court to sell property.

Title XXX DOMESTIC RELATIONS
Chapter 452
• Effective - 28 Aug 2001
452.190. Authorization by court to sell property. —
When any married person shall abandon his or her spouse, or from worthlessness, drunkenness or other cause fail to make sufficient provision for his or her support, the circuit court of the county where he or she has his or her home and residence may, on his or her petition, authorize him or her to sell and convey his or her real estate, or any part thereof, and also any personal estate which shall, at the time, have come to such person by reason of the marriage, and which may remain within the state undisposed of by him.
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(RSMo 1939 § 3378, A.L. 2001 H.B. 537)
Prior revisions: 1929 § 2991; 1919 § 7316; 1909 § 8297
2023 Missouri Revised Statutes › Title XXX - Domestic Relations › Chapter 452 - Dissolution of Marriage, Divorce, Alimony and Separate Maintenance › Section 452.200 - Married person enjoined from squandering property at suit of spouse.

Title XXX DOMESTIC RELATIONS
Chapter 452
Effective - 28 Aug 2001
452.200. Married person enjoined from squandering property at suit of spouse. —
Any married person may file a petition in the circuit court, setting forth that his or her spouse, from habitual intemperance, or any other cause, is about to squander and waste the property, money, credits or choses in action to which he or she is entitled in his or her own right, or any part thereof, or is proceeding fraudulently to convert the same, or any part thereof, to the spouse's own use, for the purpose of placing the same beyond his or her reach, and depriving him or her of the benefit thereof; and the court, upon the hearing of the case, may enjoin the spouse from disposing of or otherwise interfering with such property, moneys, credits and choses in action, and may appoint a receiver to control and manage the same for the benefit of the petitioner, and may also make such other order in the premises as they may deem just and proper, and upon the filing of such petition an injunction may be allowed as in other cases, and such petition shall be filed in the county where said petitioner resides, and the spouse of said petitioner shall be made a party defendant to said petition.
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(RSMo 1939 § 1682, A.L. 2001 H.B. 537)
Prior revisions: 1929 § 1518; 1919 § 1968; 1909 § 2533
2023 Missouri Revised Statutes › Title XXX - Domestic Relations › Chapter 452 - Dissolution of Marriage, Divorce, Alimony and Separate Maintenance › Section 452.210 - Court may authorize persons holding money of married person to pay spouse.

Title XXX DOMESTIC RELATIONS
Chapter 452
• Effective - 28 Aug 2001
452.210. Court may authorize persons holding money of married person to pay spouse. —
The court may also, upon the petition of such person, authorize any person holding money or other personal estate to which the spouse is entitled in his or her right to pay and deliver the same to the petitioner, and may authorize him or her to give a discharge for the same, which discharge shall be as valid as if made by the spouse.
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(RSMo 1939 § 3379, A.L. 2001 H.B. 537)
Prior revisions: 1929 § 2992; 1919 § 7317; 1909 § 8298
2023 Missouri Revised Statutes › Title XXX - Domestic Relations › Chapter 452 - Dissolution of Marriage, Divorce, Alimony and Separate Maintenance › Section 452.220 - Married person entitled to proceeds of earnings of his or her minor children, when.

Title XXX DOMESTIC RELATIONS
Chapter 452
• Effective - 28 Aug 2001
452.220. Married person entitled to proceeds of earnings of his or her minor children, when. —
Such married person, during the period his or her spouse shall fail to provide for his or her support, as stated in section 452.130, shall be entitled to the proceeds of the earnings of his or her minor children; and the same shall be under his or her sole control and shall not be liable in any manner for the spouse's debts.
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(RSMo 1939 § 3380, A.L. 2001 H.B. 537)
Prior revisions: 1929 § 2993; 1919 § 7318; 1909 § 8299
2023 Missouri Revised Statutes › Title XXX - Domestic Relations › Chapter 452 - Dissolution of Marriage, Divorce, Alimony and Separate Maintenance › Section 452.230 - Proceeds used for support of himself or herself and family.

Title XXX DOMESTIC RELATIONS
Chapter 452
• Effective - 28 Aug 2001
452.230. Proceeds used for support of himself or herself and family. —
All the proceeds of such sales, and all other money and personal estate which shall come to the hands of a person by force of the provisions of sections 451.250 to 451.300 and sections 452.130, 452.140, 452.170 to 452.190 and 452.210 to 452.250, may be used and disposed of by him or her for the necessary support of himself or herself and family.
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(RSMo 1939 § 3381, A.L. 2001 H.B. 537)
Prior revisions: 1929 § 2994; 1919 § 7319; 1909 § 8300
CROSS REFERENCE:
Workers' compensation death benefits, rights of widows and children, 287.240
2023 Missouri Revised Statutes › Title XXX - Domestic Relations › Chapter 452 - Dissolution of Marriage, Divorce, Alimony and Separate Maintenance › Section 452.240 - Filing of petition, proceedings.

Title XXX DOMESTIC RELATIONS
Chapter 452
• Effective - 28 Aug 2001
452.240. Filing of petition, proceedings. —
The petition of a married person for any of the purposes before mentioned may be filed and the case heard and determined in the circuit court, and the like process and proceedings shall be had as in other civil suits triable before circuit judges.
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(RSMo 1939 § 3382, A.L. 1978 H.B. 1634, A.L. 2001 H.B. 537)
Prior revisions: 1929 § 2995; 1919 § 7320; 1909 § 8301
2023 Missouri Revised Statutes › Title XXX - Domestic Relations › Chapter 452 - Dissolution of Marriage, Divorce, Alimony and Separate Maintenance › Section 452.250 - Proceedings on such petition — appeal allowed, when and where.

Title XXX DOMESTIC RELATIONS
Chapter 452
• Effective - 28 Aug 2001
452.250. Proceedings on such petition — appeal allowed, when and where. —
The same proceedings shall be had in relation to such petition as the law requires in other proceedings before circuit judges, and in relation to enforcing the orders and decrees, except that no appeal shall be allowed to the supreme court, or court of appeals, from any order or decree, on the part of the person's spouse, until he or she has indemnified the petitioner for all delays and costs, in such manner as the court shall direct.
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(RSMo 1939 § 3388, A.L. 1973 S.B. 263, A.L. 1978 H.B. 1634, A.L. 2001 H.B. 537)
Prior revisions: 1929 § 3001; 1919 § 7326; 1909 § 8307
2023 Missouri Revised Statutes › Title XXX - Domestic Relations › Chapter 452 - Dissolution of Marriage, Divorce, Alimony and Separate Maintenance › Section 452.300 - Procedure and venue.

Title XXX DOMESTIC RELATIONS
Chapter 452
• Effective - 28 Aug 1998
452.300. Procedure and venue. —
1. The rules of the supreme court and other applicable court rules shall govern all proceedings pursuant to sections 452.300 to 452.415.
2. A proceeding for dissolution of marriage, legal separation, or declaration of invalidity of marriage shall be entitled: "In re the Marriage of ______ and ______".
3. The initial pleading in an original proceeding pursuant to sections 452.300 to 452.415 shall be denominated a
"petition"
and the responsive pleading in an original proceeding shall be denominated an
"answer"
. Other pleadings in an original proceeding and all pleadings in other proceedings pursuant to sections 452.300 to 452.415 shall be denominated as provided in the rules of the supreme court and other applicable court rules.
4. Any party who files the initial pleading in an original proceeding pursuant to sections 452.300 to 452.415 shall be denominated the
"petitioner"
and any party who is required to file or who files a responsive pleading in an original proceeding shall be denominated the
"respondent"
. Each party shall retain such denomination from the original proceeding in any other proceedings pursuant to sections 452.300 to 452.415.
5. An original proceeding pursuant to sections 452.300 to 452.415 shall be commenced in the county in which the petitioner resides or in the county in which the respondent resides. If an original proceeding is commenced in the county in which the petitioner resides, upon motion by the respondent filed prior to the filing of a responsive pleading, the court in which the proceeding is commenced may transfer the proceeding to the county in which the respondent resides if:
(1) The county in which the respondent resides had been the county in which the children resided during the ninety days immediately preceding the commencement of the proceeding; or
(2) The best interest of the children will be served if the proceeding is transferred to the county in which the respondent resides because:
(a) The children and at least one parent have a significant connection with the county; and
(b) There is substantial evidence concerning the present or future care, protection and personal relationships of the children in the county.
6. In proceedings pursuant to sections 452.300 to 452.415,
"judgment"
shall include a "decree".
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(L. 1973 H.B. 315 § 1, A.L. 1998 S.B. 910)
2023 Missouri Revised Statutes › Title XXX - Domestic Relations › Chapter 452 - Dissolution of Marriage, Divorce, Alimony and Separate Maintenance › Section 452.305 - Judgment of dissolution, grounds for — legal separation, when — judgments to contain Social Security numbers.

Title XXX DOMESTIC RELATIONS
Chapter 452
• Effective - 28 Aug 2009
452.305. Judgment of dissolution, grounds for — legal separation, when — judgments to contain Social Security numbers. —
1. The court shall enter a judgment of dissolution of marriage if:
(1) The court finds that one of the parties has been a resident of this state, or is a member of the armed services who has been stationed in this state, for ninety days immediately preceding the commencement of the proceeding and that thirty days have elapsed since the filing of the petition; and
(2) The court finds that there remains no reasonable likelihood that the marriage can be preserved and that therefore the marriage is irretrievably broken; and
(3) To the extent it has jurisdiction, the court has considered and made provision for child custody, the support of each child, the maintenance of either spouse and the disposition of property.
2. The court shall enter a judgment of legal separation if:
(1) The court finds that one of the parties has been a resident of this state, or is a member of the armed services who has been stationed in this state, for ninety days immediately preceding the commencement of the proceeding and that thirty days have elapsed since the filing of the petition; and
(2) The court finds that there remains a reasonable likelihood that the marriage can be preserved and that therefore the marriage is not irretrievably broken; and
(3) To the extent it has jurisdiction, the court has considered and made provision for the custody and the support of each child, the maintenance of either spouse and the disposition of property.
3. Any judgment of dissolution of marriage or legal separation shall include the last four digits of the Social Security numbers of the parties. The full Social Security number of each party and each child shall be retained in the manner required under section 509.520.
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(L. 1973 H.B. 315 § 2, A.L. 1997 S.B. 361, A.L. 1998 S.B. 910, A.L. 2009 H.B. 481)
(1976) Held, a cross bill seeking separate maintenance coupled with an after trial motion to amend the dissolution decree to one of legal separation does not require court to enter a decree of legal separation. Nichols v. Nichols (A.), 538 S.W.2d 727.
(1977) Held, that court must grant a decree of legal separation if either party requests it. The court applies the rule that when conflicting provisions occur in an act the last in order of position shall prevail. McRoberts v. McRoberts (A.), 555 S.W.2d 682.
2023 Missouri Revised Statutes › Title XXX - Domestic Relations › Chapter 452 - Dissolution of Marriage, Divorce, Alimony and Separate Maintenance › Section 452.311 - Petition for dissolution filed when, requirements.

Title XXX DOMESTIC RELATIONS
Chapter 452
• Effective - 28 Aug 2003
452.311. Petition for dissolution filed when, requirements. —
A petition is not filed within the meaning of supreme court rule 53.01 in any cause of action authorized by the provisions of this chapter, unless a summons is issued forthwith as required by supreme court rule 54.01, a verified and notarized entry of appearance of respondent is filed or an attorney files an entry of appearance on behalf of respondent.
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(L. 1989 1st Ex. Sess. H.B. 2 § 7, A.L. 1991 S.B. 312, A.L. 2003 H.B. 613)
2023 Missouri Revised Statutes › Title XXX - Domestic Relations › Chapter 452 - Dissolution of Marriage, Divorce, Alimony and Separate Maintenance › Section 452.312 - Parties' current employers and Social Security numbers to be contained in certain pleadings and decrees.

Title XXX DOMESTIC RELATIONS
Chapter 452
• Effective - 28 Aug 2009
452.312. Parties' current employers and Social Security numbers to be contained in certain pleadings and decrees. —
1. Every petition for dissolution of marriage or legal separation, every motion for modification of a decree respecting maintenance or support, and every petition or motion for support of a minor child shall contain the last four digits of the Social Security number of the petitioner or movant, if a person, and the last four digits of the Social Security number of the respondent. The name and address of the petitioner's and respondent's current employer shall be provided and retained in the same manner as required under section 509.520.
2. Every responsive pleading to a petition for dissolution of marriage or legal separation, motion for modification of a decree respecting maintenance or support, and petition or motion for support of a minor child shall contain the name and address of the current employer and the last four digits of the Social Security number of the respondent, if the respondent is a person.
3. Every decree dissolving a marriage, every order modifying a previous decree of dissolution or divorce, and every order for support of a minor child shall contain the last four digits of the Social Security numbers of the parties, if disclosed by the pleadings.
4. The full Social Security number of each party and each child shall be retained in the manner required by section 509.520.
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(L. 1984 H.B. 1275, A.L. 2009 H.B. 481)
2023 Missouri Revised Statutes › Title XXX - Domestic Relations › Chapter 452 - Dissolution of Marriage, Divorce, Alimony and Separate Maintenance › Section 452.314 - Guardian for incapacitated person may file for dissolution or separation if ward is a victim of spousal abuse.

Title XXX DOMESTIC RELATIONS
Chapter 452
• Effective - 28 Aug 1990
452.314. Guardian for incapacitated person may file for dissolution or separation if ward is a victim of spousal abuse. —
Notwithstanding any other provision of law to the contrary, a guardian for an incapacitated person may file a petition for dissolution of the marriage of, or if the incapacitated person has a history of religious objection to divorce, the guardian may file for a legal separation for such incapacitated person and may give testimony in support of the allegations contained in the petition, if the guardian has reasonable cause to believe that the incapacitated person has been the victim of abuse by the spouse of such incapacitated person.
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(L. 1990 H.B. 1370, et al.)
2023 Missouri Revised Statutes › Title XXX - Domestic Relations › Chapter 452 - Dissolution of Marriage, Divorce, Alimony and Separate Maintenance › Section 452.317 - Termination of insurance prohibited, when.

Title XXX DOMESTIC RELATIONS
Chapter 452
• Effective - 28 Aug 1998
452.317. Termination of insurance prohibited, when. —
From the date of filing of the petition for dissolution of marriage or legal separation, no party shall terminate coverage during the pendency of the proceeding for any other party or any minor child of the marriage under any existing policy of health, dental or vision insurance.
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(L. 1998 S.B. 910 § 3)
2023 Missouri Revised Statutes › Title XXX - Domestic Relations › Chapter 452 - Dissolution of Marriage, Divorce, Alimony and Separate Maintenance › Section 452.318 - Counseling for minor children ordered, when, costs.

Title XXX DOMESTIC RELATIONS
Chapter 452
• Effective - 28 Aug 1999
452.318. Counseling for minor children ordered, when, costs. —
In any action for dissolution of marriage involving minor children, the court may order counseling for such children. The court may assess and apportion the costs of child counseling between the parties.
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(L. 1999 S.B. 329 § 1)
2023 Missouri Revised Statutes › Title XXX - Domestic Relations › Chapter 452 - Dissolution of Marriage, Divorce, Alimony and Separate Maintenance › Section 452.341 - Obligor may request affidavit, when — cause of action for failure to execute, when — false affidavit, penalty.

Title XXX DOMESTIC RELATIONS
Chapter 452
• Effective - 28 Aug 1986
452.341. Obligor may request affidavit, when — cause of action for failure to execute, when — false affidavit, penalty. —
1. Any person obligated under a judgment or order of a court to make installment payments of child support or spousal support may request from the person entitled to such support payments an affidavit attesting to the fact that the obligor is current in such support payments and that there are, on the date that the request is made, no installment payments due and unpaid. Upon such request by an obligor, any person entitled to child support or spousal support shall execute an affidavit as required by this section.
2. No affidavit shall be required to be executed if any installment of the obligor's support obligation is due or unpaid on the date that the request is made. If, however, any obligor who is current in payment of support obligations makes a request for a statement of that fact under this section and the person entitled to such support payment refuses or fails to execute the affidavit required by this section within ten days of the request, the obligor shall have a cause of action against such person for any damages caused by such failure or refusal and may, in addition to such cause of action, petition a court of competent jurisdiction to order the person entitled to the support obligation to execute the affidavit. Any person who executes a false affidavit under this section commits a class A misdemeanor as provided in section 575.050.
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(L. 1986 H.B. 1479)
2023 Missouri Revised Statutes › Title XXX - Domestic Relations › Chapter 452 - Dissolution of Marriage, Divorce, Alimony and Separate Maintenance › Section 452.342 - Summary of expenses paid on behalf of child, required when.

Title XXX DOMESTIC RELATIONS
Chapter 452
• Effective - 28 Aug 1988
452.342. Summary of expenses paid on behalf of child, required when. —
The court which issued a judgment or order of child support payments may, upon petition of the party obligated to make the payments and upon good cause shown, order the custodial parent to furnish the party having the support obligation with a regular summary of expenses paid by the custodial parent on behalf of the child. The court may prescribe the form and substance of the summary.
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(L. 1988 H.B. 1272, et al.)
2023 Missouri Revised Statutes › Title XXX - Domestic Relations › Chapter 452 - Dissolution of Marriage, Divorce, Alimony and Separate Maintenance › Section 452.343 - All judgments and orders shall contain the parties' Social Security numbers.

Title XXX DOMESTIC RELATIONS
Chapter 452
• Effective - 28 Aug 2009
452.343. All judgments and orders shall contain the parties' Social Security numbers. —
Notwithstanding any provision of law to the contrary, every judgment or order issued in this state which, in whole or in part, affects child custody, child support, visitation, modification of custody, support or visitation, or is issued pursuant to section 454.470 or 454.475, shall contain the last four digits of the Social Security number of the parties to the action which gives rise to such judgment or order. The full Social Security number of each party and each child shall be retained in the manner required by section 509.520.
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(L. 1997 S.B. 361 § 2, A.L. 2009 H.B. 481)
2023 Missouri Revised Statutes › Title XXX - Domestic Relations › Chapter 452 - Dissolution of Marriage, Divorce, Alimony and Separate Maintenance › Section 452.344 - Support obligations, bond or other guarantee to secure, when required, procedure — default, effect of.

Title XXX DOMESTIC RELATIONS
Chapter 452
• Effective - 28 Aug 1984
452.344. Support obligations, bond or other guarantee to secure, when required, procedure — default, effect of. —
1. Upon entry of an order for support or division of property under this chapter or otherwise, or at any time the court finds any of the elements which constitute grounds for attachment under section 521.010, the court, by its own motion or that of a party or assignee of a party, may require that the obligor provide sufficient security, bond or other guarantee to secure the obligation to make support payments or to secure the division of property, conditioned that the obligor will pay all support payments as they come due, together with interest thereon, and will abide the orders of the court with respect to division of property.
2. The bond shall be filed with the clerk of the circuit court in the county where the order for support or division of property is filed, and the bond may be entered into before the clerk, if the court or judge entering the order for support or division of property shall first approve of the security.
3. The court, upon default in the condition of the bond, shall enter judgment against the obligors on the bond, according to the circumstances of the case, including interest or damages, and may award execution thereon, or otherwise enforce such judgment, according to the rules and practice of the court.
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(L. 1984 H.B. 1275)
2023 Missouri Revised Statutes › Title XXX - Domestic Relations › Chapter 452 - Dissolution of Marriage, Divorce, Alimony and Separate Maintenance › Section 452.346 - Medical assistance documentation provided, when.

Title XXX DOMESTIC RELATIONS
Chapter 452
• Effective - 28 Aug 2014
452.346. Medical assistance documentation provided, when. —
Upon written request of a parent of a child, as defined in section 452.160, who is receiving medical assistance pursuant to section 208.151, the family support division shall provide such parent with documentation that allows the child to obtain medical assistance. This section shall not apply to parents of children in the custody of a public agency.
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(L. 1998 S.B. 910 § 6, A.L. 2014 H.B. 1299 Revision)
2023 Missouri Revised Statutes › Title XXX - Domestic Relations › Chapter 452 - Dissolution of Marriage, Divorce, Alimony and Separate Maintenance › Section 452.347 - Notice of a child support establishment or modification proceeding, when — copy of the order provided, when.

Title XXX DOMESTIC RELATIONS
Chapter 452
• Effective - 28 Aug 2014
452.347. Notice of a child support establishment or modification proceeding, when — copy of the order provided, when. —
In any proceeding before a court where child support may be established or modified for an applicant or recipient of child support services pursuant to chapter 454:
(1) The applicant or recipient of child support enforcement services shall be provided by any other party with notice pursuant to Rule 41 of the Missouri rules of civil procedures of all proceedings in which support obligations may be established or modified. Notice to an attorney representing a party is deemed notice on the party for purposes of this section; and
(2) A copy of any order establishing or modifying a child support obligation, or an order denying a modification shall be mailed to the family support division by the court within fourteen days of issuance of such order.
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(L. 1997 S.B. 361, A.L. 2014 H.B. 1299 Revision)
2023 Missouri Revised Statutes › Title XXX - Domestic Relations › Chapter 452 - Dissolution of Marriage, Divorce, Alimony and Separate Maintenance › Section 452.354 - Modification of child support, attorney fees awarded to state, when.

Title XXX DOMESTIC RELATIONS
Chapter 452
• Effective - 28 Aug 2009
452.354. Modification of child support, attorney fees awarded to state, when. —
In all proceedings for the modification of child support where the state is a party, the court may, upon motion, award court costs and reasonable attorney fees to the state.
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(L. 2009 H.B. 481 § 1)
2023 Missouri Revised Statutes › Title XXX - Domestic Relations › Chapter 452 - Dissolution of Marriage, Divorce, Alimony and Separate Maintenance › Section 452.355 - Allocation of cost of action and attorney fees by court — actions for failure to pay child support, reasonable costs and attorney fees to be paid by obligor, when — definitions.

Title XXX DOMESTIC RELATIONS
Chapter 452
• Effective - 28 Aug 1998
452.355. Allocation of cost of action and attorney fees by court — actions for failure to pay child support, reasonable costs and attorney fees to be paid by obligor, when — definitions. —
1. Unless otherwise indicated, the court from time to time after considering all relevant factors including the financial resources of both parties, the merits of the case and the actions of the parties during the pendency of the action, may order a party to pay a reasonable amount for the cost to the other party of maintaining or defending any proceeding pursuant to sections 452.300 to 452.415 and for attorney's fees, including sums for legal services rendered and costs incurred prior to the commencement of the proceeding and after entry of a final judgment. The court may order that the amount be paid directly to the attorney, who may enforce the order in the attorney's name.
2. In any proceeding in which the failure to pay child support pursuant to a temporary order or final judgment is an issue, if the court finds that the obligor has failed, without good cause, to comply with such order or decree to pay the child support, the court shall order the obligor, if requested and for good cause shown, to pay a reasonable amount for the cost of the suit to the obligee, including reasonable sums for legal services. The court may order that the amount be paid directly to the attorney, who may enforce the order in his name.
3. For purposes of this section, an
"obligor"
is a person owing a duty of support and an
"obligee"
is a person to whom a duty of support is owed.
4. For purposes of this section,
"good cause"
includes any substantial reason why the obligor is unable to pay the child support as ordered. Good cause does not exist if the obligor purposely maintains his inability to pay.
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(L. 1973 H.B. 315 § 12, A.L. 1988 H.B. 1272, et al., A.L. 1998 S.B. 910)
2023 Missouri Revised Statutes › Title XXX - Domestic Relations › Chapter 452 - Dissolution of Marriage, Divorce, Alimony and Separate Maintenance › Section 452.360 - Judgment of dissolution or legal separation final when entered — appeal, effect of — distribution of property final — conversion of judgment of legal separation to dissolution, when — notice, to whom.

Title XXX DOMESTIC RELATIONS
Chapter 452
• Effective - 28 Aug 1998
452.360. Judgment of dissolution or legal separation final when entered — appeal, effect of — distribution of property final — conversion of judgment of legal separation to dissolution, when — notice, to whom. —
1. A judgment of dissolution of marriage or of legal separation is final when entered, subject to the right of appeal. An appeal from a judgment of dissolution that does not challenge the finding that the marriage is irretrievably broken does not delay the finality of that provision of the judgment which dissolves the marriage beyond the time for appealing from that provision, so that either of the parties may remarry pending appeal.
2. The court's judgment of dissolution of marriage or legal separation as it affects distribution of marital property shall be a final judgment not subject to modification.
3. No earlier than ninety days after entry of a judgment of legal separation, on motion of either party, the court may convert the judgment of legal separation to a judgment of dissolution of marriage.
4. On motion of both parties, the court shall set aside a judgment of legal separation.
5. The circuit clerk shall give notice of the entry of a judgment of legal separation or dissolution to the department of social services.
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(L. 1973 H.B. 315 § 13, A.L. 1998 S.B. 910)
(1976) Held that court rule 75.01 is not affected by this section and insofar as an appeal is concerned the judgment does not become final until thirty days after its entry absent the timely filing of a motion for new trial. State ex rel. Nilges v. Rush (A.), 532 S.W.2d 857.
(1978) Distinction between separate maintenance and legal separation; held separate maintenance decree cannot be converted into a decree of dissolution as a decree of legal separation can. In re Marriage of E. A. W. (A.), 573 S.W.2d 689.
(1987) Converting a decree of separation into a decree of dissolution is a new and separate cause of action, so full notice must be given to adverse parties. Madsen v. Madsen, 731 S.W.2d 324 (Mo.App. E.D.).
(1987) Unappealed partial decree was final although not subject to appeal and issues unresolved in decree were not abated by death of ex-husband. Fischer v. Seibel, 733 S.W.2d 469 (Mo.App.W.D.).
2023 Missouri Revised Statutes › Title XXX - Domestic Relations › Chapter 452 - Dissolution of Marriage, Divorce, Alimony and Separate Maintenance › Section 452.365 - Party failing to comply with decree, effect of.

Title XXX DOMESTIC RELATIONS
Chapter 452
• Effective - 01 Jan 1974, see footnote
452.365. Party failing to comply with decree, effect of. —
If a party fails to comply with a provision of a decree or temporary order or injunction, the obligation of the other party to make payments for support or maintenance or to permit visitation is not suspended but he may move the court to grant an appropriate order.
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(L. 1973 H.B. 315 § 14)
Effective 1-01-74
2023 Missouri Revised Statutes › Title XXX - Domestic Relations › Chapter 452 - Dissolution of Marriage, Divorce, Alimony and Separate Maintenance › Section 452.371 - Declining jurisdiction in a modification proceeding, when.

Title XXX DOMESTIC RELATIONS
Chapter 452
• Effective - 01 Jul 1997, see footnote
452.371. Declining jurisdiction in a modification proceeding, when. —
1. Notwithstanding the provisions of subsection 1 of section 452.455 or subsection 6 of section 452.370 to the contrary, the court with jurisdiction may decline to exercise jurisdiction in any modification proceeding if such court finds that exercise of its jurisdiction would be clearly inconvenient to either party to the proceeding. The court shall consider the following factors in determining whether exercise of its jurisdiction would be clearly inconvenient:
(1) Place of residence of the parties;
(2) Location of witnesses; and
(3) The availability to either party of another more convenient court with jurisdiction.
2. A finding that a court is a clearly inconvenient forum pursuant to subsection 1 of this section may be made on the court's own motion or on the motion of either party to the proceeding.
3. If the court finds that it is an inconvenient forum and a court of another county is a more appropriate forum, and such court will accept jurisdiction of the case, the original court shall order a change of venue to the more appropriate forum and state the reasons for such change. The clerk shall transmit the original papers with a transcript of all docket entries to the clerk of the court to which the removal is ordered or the court may order the clerk to prepare a full transcript of the record and proceeding in the case, and transmit the same, duly certified with all the original papers in the civil action but not forming part of the record to the clerk of the court to which the removal is ordered.
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(L. 1997 S.B. 361 § 4)
Effective 7-01-97
2023 Missouri Revised Statutes › Title XXX - Domestic Relations › Chapter 452 - Dissolution of Marriage, Divorce, Alimony and Separate Maintenance › Section 452.372 - Mandatory educational sessions, when — alternative dispute resolution, when.

Title XXX DOMESTIC RELATIONS
Chapter 452
• Effective - 28 Aug 1998
452.372. Mandatory educational sessions, when — alternative dispute resolution, when. —
1. When a person files a petition for dissolution of marriage or legal separation and the custody or visitation of a minor child is involved, the court shall order all parties to the action to attend educational sessions pursuant to section 452.605. Parties to a modification proceeding who previously have attended educational sessions pursuant to section 452.605 may also be required to attend such educational sessions.
2. In cases involving custody or visitation issues, the court may, except for good cause shown or as provided in subsection 3 of this section, order the parties to the action to participate in an alternative dispute resolution program pursuant to supreme court rule to resolve any issues in dispute or may set a hearing on the matter. As used in this section,
"good cause"
includes, but is not limited to, uncontested custody or temporary physical custody cases, or a finding of domestic violence or abuse as determined by a court with jurisdiction after all parties have received notice and an opportunity to be heard, but does not mean the absence of qualified mediators.
3. Any alternative dispute resolution program ordered by the court pursuant to this section may be paid for by the parties in a proportion to be determined by the court, the cost of which shall be reasonable and customary for the circuit in which the program is ordered, and shall:
(1) Not be binding on the parties;
(2) Not be ordered or used for contempt proceedings;
(3) Not be ordered or utilized for child support issues; and
(4) Not be used to modify a prior order of the court, except by agreement of the parties.
4. Within one hundred twenty days after August 28, 1998, the Missouri supreme court shall have a rule in effect allowing, but not requiring, each circuit to establish an alternative dispute resolution program for proceedings involving issues of custody and temporary physical custody relating to the child.
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(L. 1998 S.B. 910)
2023 Missouri Revised Statutes › Title XXX - Domestic Relations › Chapter 452 - Dissolution of Marriage, Divorce, Alimony and Separate Maintenance › Section 452.374 - Paternity proceedings stayed for rape charges against putative father.

Title XXX DOMESTIC RELATIONS
Chapter 452
• Effective - 28 Aug 2012
452.374. Paternity proceedings stayed for rape charges against putative father. —
1. If criminal charges alleging an act of rape are brought against the putative father of a child conceived as the result of that act of rape, the court shall issue an automatic stay of any paternity proceeding involving both the child and the alleged putative father. The stay shall not be lifted until there is a final disposition of such criminal charges.
2. In any future custody proceeding, any denial of visitation under this section shall not be used against the mother of the child when considering the factor contained in subdivision (4) of subsection 2 of section 452.375.
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(L. 2012 S.B. 628)
2023 Missouri Revised Statutes › Title XXX - Domestic Relations › Chapter 452 - Dissolution of Marriage, Divorce, Alimony and Separate Maintenance › Section 452.376 - Noncustodial parent's right to receive child's school progress reports — administrative fees to be set by school, when — exclusion of address of custodial parent, when.

Title XXX DOMESTIC RELATIONS
Chapter 452
• Effective - 28 Aug 1998
452.376. Noncustodial parent's right to receive child's school progress reports — administrative fees to be set by school, when — exclusion of address of custodial parent, when. —
1. Unless a noncustodial parent has been denied visitation rights under section 452.400, such noncustodial parent or any parent who has joint custody of a child shall, upon request and payment of an administrative fee sufficient to cover the cost, receive any deficiency slips, report cards or pertinent progress reports regarding that child's progress in school. If a noncustodial parent has been granted restricted or supervised visitation because the court has found that the custodial parent or the child has been the victim of domestic violence or abuse, as defined in sections 455.010 and 455.501, by the noncustodial parent, the court may order that the reports and records made available pursuant to this subsection not include the address of the custodial parent or the child.
2. School districts shall annually set an administrative fee estimated to cover the costs of preparing, copying and mailing the student information required to be provided pursuant to this section.
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(L. 1989 H.B. 422 § 1, A.L. 1993 S.B. 180, A.L. 1998 S.B. 910)
2023 Missouri Revised Statutes › Title XXX - Domestic Relations › Chapter 452 - Dissolution of Marriage, Divorce, Alimony and Separate Maintenance › Section 452.380 - Temporary custody, motion for — dismissal of action, effect of.

Title XXX DOMESTIC RELATIONS
Chapter 452
• Effective - 01 Jan 1974, see footnote
452.380. Temporary custody, motion for — dismissal of action, effect of. —
1. A party to a custody proceeding may move for a temporary custody order. The motion must be supported by an affidavit. The court may award temporary custody after a hearing or, if there is no objection, solely on the basis of the affidavits.
2. If a proceeding for dissolution of marriage or legal separation is dismissed, any temporary custody order is vacated unless a parent or the child's custodian moves that the proceeding continue as a custody proceeding and the court finds, after a hearing, that the circumstances of the parents and the best interest of the child require that a custody decree be issued.
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(L. 1973 H.B. 315 § 17)
Effective 1-01-74
2023 Missouri Revised Statutes › Title XXX - Domestic Relations › Chapter 452 - Dissolution of Marriage, Divorce, Alimony and Separate Maintenance › Section 452.385 - Child's wishes as to custodian, how determined.

Title XXX DOMESTIC RELATIONS
Chapter 452
• Effective - 01 Jan 1974, see footnote
452.385. Child's wishes as to custodian, how determined. —
The court may interview the child in chambers to ascertain the child's wishes as to his custodian and relevant matters within his knowledge. The court shall permit counsel to be present at the interview and to participate therein. The court shall cause a record of the interview to be made and to be made part of the record in the case.
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(L. 1973 H.B. 315 § 18)
Effective 1-01-74
(1975) Held failure to allow counsel to be present and failure to make a record of judge's interview with children was reversible error. Duncan v. Duncan (A.), 528 S.W.2d 806.
(1976) Held that court order which directed in chambers interview record sealed and did not make it part of record on appeal was not arbitrary and appellant's failure to take steps to make record available bars his claim for relief. A.M.S. v. J.L.S. (A.), 544 S.W.2d 885.
2023 Missouri Revised Statutes › Title XXX - Domestic Relations › Chapter 452 - Dissolution of Marriage, Divorce, Alimony and Separate Maintenance › Section 452.390 - Investigation and report on custodial arrangements for a child — how conducted — report due, when — material to be available to counsel and parties.

Title XXX DOMESTIC RELATIONS
Chapter 452
• Effective - 01 Jan 1974, see footnote
452.390. Investigation and report on custodial arrangements for a child — how conducted — report due, when — material to be available to counsel and parties. —
1. The court may order an investigation and report concerning custodial arrangements for the child. The investigation and report may be made by the county welfare office, the county juvenile officer, or any other competent person.
2. In preparing his report concerning a child, the investigator may consult any person who may have information about the child and his potential custodial arrangements. Upon order of the court, the investigator may refer the child to professional personnel for diagnosis. The investigator may consult with and obtain information from medical, psychiatric, or other expert persons who have served the child in the past without obtaining the consent of the parent or the child's custodian, but the child's consent must be obtained if he has reached the age of sixteen, unless the court finds that he lacks mental capacity to consent.
3. At least ten days prior to the hearing the investigator shall furnish his report to counsel and to any party not represented by counsel. No one else, including the court, shall be entitled thereto prior to the hearing. The investigator shall make available to counsel and to any party not represented by counsel an investigator's file of underlying data and reports, complete texts of diagnostic reports made to the investigator pursuant to the provisions of subsection 2, and the names and addresses of all persons whom the investigator has consulted. Any party to the proceeding may call as witnesses the investigator and any person whom the investigator has consulted.
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(L. 1973 H.B. 315 § 19)
Effective 1-01-74
2023 Missouri Revised Statutes › Title XXX - Domestic Relations › Chapter 452 - Dissolution of Marriage, Divorce, Alimony and Separate Maintenance › Section 452.395 - Custody proceedings, priority of — judge to determine law and fact — secrecy, when.

Title XXX DOMESTIC RELATIONS
Chapter 452
• Effective - 01 Jul 1997, see footnote
452.395. Custody proceedings, priority of — judge to determine law and fact — secrecy, when. —
1. Custody proceedings shall receive priority in being set for hearing.
2. The court without a jury shall determine questions of law and fact. If it finds that a public hearing may be detrimental to the child's best interests, the court may exclude the public from a custody hearing, but may admit any person who has a direct and legitimate interest in the particular case.
3. If the court finds it necessary to protect the child's welfare that the record of any interview, report, investigation, or testimony in a custody proceeding be kept secret, the court may make an appropriate order sealing the record.
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(L. 1973 H.B. 315 § 20, A.L. 1996 S.B. 869)
Effective 7-01-97