Section 26.22 Power to Modify Past-Due Installments

• Library: Family Law Deskbook and 2014 Supp

E. (§26.22) Power to Modify Past-Due Installments

Generally payor parents must fulfill their child support obligations or seek a modification through the court. Ballard v. Hendricks, 877 S.W.2d 232 (Mo. App. W.D. 1994). In Missouri, courts have refused to require payment of child support arrearages when the payee spouse did not care for the child and did not otherwise financially contribute to the child’s welfare. Linford v. State, Dep’t of Soc. Servs., Div. of Child Support Enforcement, 987 S.W.2d 507 (Mo. App. E.D. 1999). In Aubuchon v. Aubuchon 340 S.W.3d 307 (Mo. App. E.D. 2011), modification was sought with unclean hands of the father. The mother’s motion to dismiss was granted, but the Eastern District said that the trial court erred. But any...