Section 18.3 Temporary Child Support

• Library: Family Law Deskbook and 2014 Supp

B. (§18.3) Temporary Child Support

2014 SUPPLEMENT (§18.3)

The same provision that authorizes temporary maintenance—§ 452.315.1, RSMo 2000—also provides that a custodial parent may request temporary child support pending the full and final hearing for dissolution of marriage. The standards for determining the amount of temporary child support are found in § 452.340, RSMo Supp. 2011, which specifically mandates the use of the child support guidelines set forth in Rule 88.01 and the Form 14 calculation chart devised for that purpose. Both the statute and the Supreme Court Rule set forth a rebuttable presumption that, in any judicial proceeding for the award of child support, including a PDL order, the amount of the award derived from the application of the Form 14 guidelines is the correct amount of child support to be awarded.

The court can order a different amount if, after considering all relevant factors, it finds the presumed amount to be unjust and inappropriate. In any case, it is important to remember that the court is required to determine and find for the record the presumed correct child support amount under Form 14 and in accordance with its directions and comments for use. Ricklefs v. Ricklefs, 39 S.W.3d 865 (Mo. App. W.D. 2001).

When requesting temporary child support...