Generation Information About Legal Topics
Topic 122: Maintenance And Child Support
(revised 10/97)

There are several factors considered by the court in awarding what used to be called alimony, but what is now termed maintenance. Those factors include the parties' abilities to support themselves, their respective financial circumstance, the length of their marriage, their ages, health, standard of living, conduct of the spouse requesting maintenance and any other factor which the court considers to be proper.

If the court finds that maintenance is needed, there are two types of maintenance which may be awarded - modifiable or non-modifiable. Modifiable maintenance continues until the death of either party or the remarriage of the recipient. Modifiable maintenance can be increased or decreased over time based on changed circumstances. On the other hand, non-modifiable maintenance is paid for a fixed amount of time and may continue irrespective of the remarriage of the recipient. The amount of maintenance is, however, locked in, that is, it may not be increased or decreased regardless of any later change of circumstances.

In setting awards of maintenance, the courts try to balance the need of the recipient against resources of the payor. Earnings and assets are basic factors in setting the amounts for maintenance awards and child support. However, a spouse who deliberately diminishes his or her income and holdings in order to reduce these payments must face the consequences in court.

The court may order either or both parents to contribute to the support of their children. The specific child support amount is based upon standard guidelines issued by the Missouri Supreme Court. Child support payments may vary from the guidelines under special circumstances.

Normally child support continues to age 18, unless the child is emancipated prior to reaching that age. Emancipation occurs when the child marries, enters the military or leaves home and becomes completely self-supporting. Child support may continue until the child reaches age 21 if the child is a full-time student engaged in some form of post secondary education.  


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