Child Custody
All states have adopted the Uniform Child Custody Jurisdiction and Enforcement Act, which discourages interstate kidnapping of children by non-custodial parents. Under this law, custody orders are followed and enforced no matter where in the U.S. the child resides.
Missouri child custody laws consider the best interests of the child when determining custody. The following factors determine custody of a child:
- Each parents’ proposed parenting plan and wishes for their child
- Child’s emotional need to maintain close relationships with each parent
- Child’s own wishes (which may or may not coincide with his/her best interests)
- Any relocation plans
- Each parent’s willingness to encourage the child to have a healthy relationship with the other parent
- Mental and physical well-being of each party involved
- Any history of abuse or neglect
Child Support
Child support cases can be very emotional, especially in the midst of divorce, custody, and paternity legal battles.
What exactly is Child Support? It is the money that the court orders one or both parents to pay each month to help raise their child or children. In Missouri, the judge determines the amount of child support based on the state guidelines and issues a child support order.
What Guidelines Will the Judge Follow to Determine Child Support?
Child support is determined through a complicated calculation. Although Missouri has a Schedule of Basic Child Support Obligations, every case is unique. Typically, a judge will follow the schedule. The minimum payment is $50 per month. For each $50 more in combined adjusted gross income, the child support payment increases. For each additional child, child support payments increase as well. To determine the amount of child support, parents are required to fill out a Child Support Amount Calculation Worksheet and provide proof of the amount of their income.
What Is “Monthly Gross Income” in Missouri?
A parent’s gross income includes any of the following:
- Salaries
- Wages
- Commissions
- Dividends
- Severance pay
- Pensions
- Interest
- Trust income
- Annuities
- Partnership distributions
- Social security benefits
- Retirement benefits
- Worker’s compensation benefits
- Unemployment compensation
- Disability insurance benefits
- Veterans’ disability benefits
- Military allowances for subsistence and quarters
- Rental or royalty income (gross receipts minus the ordinary and necessary expenses incurred)
“Gross income” can include, in whole or in part, any of the following, when it is found to be appropriate to include this income:
- Overtime compensation
- Bonuses
- Earnings from secondary employment
- Recurring capital gains
- Prizes
- Retained earnings
- Significant employment-related benefits