D. Section 452.416

LibraryMilitary Issues in Family Law 2017

D. Section 452.416

1. Mobilization to Active Duty Cause to Modify Child Support

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.

Section 452.416.1, RSMo 2016.

“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.” Section 452.416.4. The moniker “emergency” is a bit misleading because the emphasis...

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