Unveiling the Mystery of Child Support Calculations in Missouri

November 5th, 2018

Unveiling the Mystery of Child Support Calculations in Missouri

By: Mallory N. McDonald and Heather Rooney McBride

Whether it is through the Missouri Division of Social Services, or a court proceeding involving a dissolution of marriage, a legal separation, child support or a paternity action, the issue of child support is frequently raised. Often, the amount of child support ordered is a mystery to individuals who have never encountered child support matters. In Missouri, child support is determined based upon a calculation produced through Missouri’s Supreme Court Form 14 Child Support Amount Calculation Worksheet (herein “Form 14”). Mo. R. Stat. § 452.340.8 (2017).

Missouri’s Form 14 calculation considers the following factors:

  • The monthly gross income of each parent;
  • Monthly court-ordered maintenance received by either parent, if applicable;
  • Other monthly child support ordered, if applicable;
  • Monthly court-ordered maintenance being paid by either parent, if applicable;
  • Monthly support obligation for other children, if applicable;
  • Child care costs of parent receiving support;
  • Child care costs of parent paying support;
  • Health insurance costs for the children subject to the proceeding;
  • Extraordinary medical costs;
  • Extraordinary child-rearing costs;
  • Overnight credit for the paying parent, if applicable.

See Missouri’s Supreme Court Form 14.

The result of the Form 14 calculation is known as the “presumed” child support amount. Mo. S. Ct. Rule 88.01 (2017). The presumed child support amount is assumed to be the correct amount that should be awarded, unless it is found unjust or inappropriate. Mo. S. Ct. Rule 88.01 (2017). However, given the lengthy list of factors and varying information provided by the parties, it is possible for each party to present different Form 14 calculations. The issue of varying child support calculations can be resolved by the Court accepting one party’s calculations and rejecting the other’s or, alternatively, by rejecting both parties’ calculations and preparing its own Form 14 calculation. Tipton v. Joseph-Tipton, 173 S.W.3d 692 (Mo. App. W.D. 2005).

When determining whether the presumed amount of child support is just and appropriate, the court considers the following factors:

  • The financial needs and resources of the child;
  • The financial resources and needs of the parents;
  • The standard of living the child would have enjoyed had the marriage not been dissolved;
  • The physical and emotional condition of the child, and the child’s educational needs;
  • The child’s physical and legal custody arrangements, including the amount of time the child spends with each parent and the reasonable expenses associated with the custody or visitation arrangements; and
  • The reasonable work-related child care expenses of each parent.

See Mo. R. Stat. § 452.340 (2017).

While the Form 14 may provide the presumed child support amount, the presumed child support amount is not necessarily the amount of child support that will be ordered by the Court. The presumed amount of child support can be rebutted. Mo. R. Stat. § 452.340 (2017). When determining whether the presumed amount should be ordered, the court may consider the factors of Mo. R. Stat. § 452.340.1, and all other relevant factors, to make a deviation from the presumed child support amount if the court finds that the presumed amount of child support is unjust and inappropriate. Mo. R. Stat. § 452.340.9 (2017).

The Court’s discretion to rebut the presumed child support is broad.[1] In the event the Court determines that the presumed amount of child support is inappropriate, the Court must make a finding that the amount of child support is unjust or inappropriate; however, the finding need not include the numbers used to calculate the child support or otherwise specify the factors making it unjust and inappropriate.[2] The finding may be supported through evidence presented.[3]

Proceedings regarding child support are complex and challenging. The experienced domestic and family law attorneys at Rooney McBride & Smith, LLC routinely handle administrative and court proceedings where child support is at issue; please call us to schedule a consultation if you need assistance in determining your rights to and other’s obligations for child support.

[1] Schriner v. Edwards, 69 S.W. 36 89, 93 (Mo. App. W.D. 2002).

[2] Id.

[3] Id.