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. |