Temporary Child Support

 

68.5.1. Either Parent May Move for Temporary Child Support

In an original proceeding for Dissolution of Marriage or Legal Separation only, when there are minor children of the marriage who are subject to the jurisdiction of the court, either parent may move for an order for Temporary Child Support not less than thirty (30) days from service and provided the adverse party has been served in a manner provided by Missouri Rules of Civil Procedure, or has formally filed a verified entry of appearance, or has filed a responsive pleading.

 

68.5.2. Verified Motion for Temporary Child Support

The Movant shall file a verified Motion for Temporary Child Support which shall set forth clearly and concisely the grounds for such motion. The motion shall include a fully completed Civil Procedure Form 14 in accordance with Supreme Court Rule 88.01.

 

68.5.3. Copy of Motion to Other Parent

The Movant shall then provide the other parent, or his or her attorney, as may be appropriate, with a copy of such Motion for Temporary Child Support, by regular mail, by personal service, or by Facsimile, and shall provide a certificate of service.

 

68.5.4. Time to Respond---Include Form 14

The other parent shall have fifteen (15) days from the date of such certification to respond to such motion. Any response shall be verified and shall include a fully completed Civil Procedure Form 14.

 

68.5.5. Court May Rule on Motion On Verified Motions and Response

Within ten (10) days after the date upon which the response is due, the Court may rule upon such motion based solely upon the verified motion and any verified response thereto, applying the principles set forth in Missouri Rule of Civil Procedure 88 and Chapter 452, RSMo. Any orders issued under this rule shall be enforceable by contempt proceedings and shall remain in effect until further order of the Court.

 

68.5.6. Court May Require Hearing

If the Court determines that it is impracticable to make a determination based upon the verified motion and the verified response thereto, then the Court may set the matter down for expedited hearing, which hearing shall be held within twenty (20) days after the date upon which any response is due except for good cause shown. The only issues which shall be considered by the Court at such expedited hearing shall be those relating specifically to temporary child support. The Court shall issue its order under this rule as soon as practical thereafter.

 

68.5.7. The Time Shall Not Be Stayed or Tolled

The time frames specified in this rule shall not be stayed or tolled by the filing of any pleadings, proceedings or other motions, specifically including motion for change of temporary custody of the minor children of the parties.
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