Missouri Changes Form 14
In any child custody case involving child support, Missouri law obligates the parties to complete and submit Civil Form 14 which establishes the “presumed” amount of child support. Form 14 calculates the presumed child support figure by determining the cost to raise a child based upon the parents’ income levels. Parents are also given various credits for other children in their custody, payment of health insurance, and overnight visitation, among others. Periodically, Form 14 is modified by the Missouri Supreme Court. The latest iteration which includes several substantial changes became effective November 4, 2021.
The first major change occurs in the presumption of who should pay child support. Until the most recent version of Form 14, there was always a debate over who should pay child support – the parent earning more or less. Schuman v. Schuman, 612 S.W.3d 232 (Mo. App. W.D. 2020). Often times, this issue was hotly contested based upon the parties’ income levels and the amount of time each parent had custody of the child. Now, the Missouri Supreme Court has clarified that the parent earning less is presumed to be the parent entitled to receive support. This can change if the parent earning more has substantially greater custody.
The second major change occurs in Line 2(c) of Form 14. Line 2(c) provides a credit for other children in the custody of the parents. The effect of this change may deprive those with new children born after the establishment of the original child support order from utilizing the new children to lower the current child support order. The comments for use of Form 14 state that the paying parenting in an action to modify child support may utilize the Line 2(c) credit unless doing so will result in a reduction of the original child support order.
Another change to Form 14 occurs in Line 11 governing the overnight credit. Where no overnight custody or visitation has been ordered for children 18 years of age or older, such as those in college, a credit may still be applied where “circumstances would support an adjustment for periods of overnight time spent with the parent.” This largely means that if you have a child in college, your child support obligation should not artificially inflate just because your child does not live with you overnight, if they otherwise would have if not attending college.
The changes to Missouri Form 14 may impact your current child support order whether one has been established or you are currently in litigation to establish such. If you have questions about how the changes to Missouri Form 14 may impact your child support obligation, or any other family law matter, we would be more than happy to discuss this with you. Please call our office at (636) 239-1616.
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