HCS/SS#3/SCS/SB 51 - This act makes numerous modifications to the custody, visitation and child support provisions contained in Chapters 452 and 454, RSMo.

PARENTING PLANS: The policy of the General Assembly is to foster joint decision-making by divorced parents in the upbringing of their children. The term "visitation" is replaced with the term "parenting time" through much of the act to promote this shared responsibility (Section 452.339).

452.150 - A parent who has custody of a child at the time of filing a motion for separation shall not be entitled to a preference when custody and child support are adjudicated. (Same as SS#3/SB 51).

452.302 - New definitions including "parenting function", "parenting time", and "permanent parenting plan".

452.310 - A parent may include a "temporary parenting time" schedule when filing for divorce.

452.338 (new) - The Division of Family Services and each parent with a child's health information shall provide such documentation to the other parent.

452.340.1 (5) - Language is added which allows the trial court to take into account the parenting plan submitted or the physical and legal custody arrangements when awarding child support.

452.340.2 - Child support shall abate if: 1) the parenting time or visitation relinquished by the parent with custody totals at least 30 consecutive days; or 2) the support order does not include abatement provisions.

452.340.3 - A court may abate child support obligations in the best interests of the child if a parent has failed to provide parenting time to the other parent pursuant to the terms of a parenting plan. Current abatement language is deleted.

452.340.6 - Child support continues for a child who continues to attend and satisfactorily progress toward completion of high school but shall not continue beyond age 21.

452.340.7 - A child who enrolls in college by October 1 following completion of high school or obtaining a G.E.D. shall continue to receive support if such child completes at least 10 hours of classes each term. Child support terminates upon completion of the program or age 22, whichever occurs first.

452.340.8 - A parent may pay one-half of the child's room and board in college in lieu of child support unless otherwise specified in the order.

452.040.9 - The Supreme Court shall promulgate child support guidelines by July 1, 1998 which: (1) explain the relevant factors used to develop the child support guidelines, including the amount of visitation or custody granted to the obligor; and (2) award child support based upon how all federal and state tax deductions, exemptions associated with the child shall be apportioned between the parents.

452.340.10 - Recent case law {Taylor v. Taylor WD 50221, Scoggins v. Timmerman, 886 SW2d 139 (MO App. WD 1994), etc.} has held that the trial court does not have to make specific findings when an award of child support deviates from the guidelines. Language is inserted which requires the trial court to detail the specific relevant factors that required a deviation from the application of the guidelines upon request from one of the parties. This language should reduce the number of appeals that contest an award of child support.

452.355.1 - The trial court shall take into account "the merits of the case and the actions of the parties" when awarding attorneys' fees and may order fees to be paid out of the marital assets.

452.370.8 - Any person who intentionally makes a false allegation of domestic abuse in any pleading or proceeding commits a Class A misdemeanor.

452.373 - The court may order parents getting a divorce to participate in a mediation program and educational sessions.

452.374 - The General Assembly intends for parents to cooperate in submitting a plan setting out the custody arrangements for children. The parents shall submit such "parenting plan" to the court. Such plan shall include a provision for resolving disputes. Such plan shall not discriminate against either parent or any child on the basis of age, sex or race. Such plan may be amended.

452.375.2 (7) - Current law allows the trial court to consider the issue of relocation when awarding custody if a parent wishes to relocate outside the State. A new standard is proposed which allows the trial court to take the issue of relocation within the state into account if the relocation detrimentally impacts the other parent's parenting time. See also Sections 452.377 and 452.411.

452.375.5 - This subsection is amended to specify joint custody ordered by the court as "joint physical and joint legal" custody.

452.375.13 - Any noncustodian convicted of an illegal sex act against a victim under age 18 shall not be allowed visitation until such person is discharged from custody and completes a treatment program.

452.375.14 - In cases of abandonment or abuse, a parenting plan does not have to provide for joint decision-making.

452.375.15 - In cases of abandonment or abuse, a parent's visitation or parenting time shall be limited.

452.375.16 - The court may limit any provision of a custody arrangement or parenting plan if a parent fails to conform with or is unable to conform with the terms of a parenting plan.

452.377 - A court shall decide on whether a parent's move detrimentally impacts the other parent's parenting time based upon: 1) Is the relocation is the child's best interests; 2) Is there an agreement to continue the relationship with the other parent; and 3) Will the relocation enhance the quality of family life.

452.385 - The court may seek the advice of professionals in determining certain provisions of the parenting plan.

452.400.1 - Both parents are entitled to reasonable parenting time unless the court finds that a child's time with either parent would endanger the child's or other family member's physical health. The court may deny visitation if such parent has been found guilty of a sex felony pursuant to Chapter 566, RSMo, or child abuse pursuant to Section 568.020, RSMo.

452.400.3, .4 & .5 - A parent who is denied parenting time may file a motion for contempt. Such motion may be filed without an attorney and shall include the standard court cost plus $35. The court shall render a decision on the motion within 60 days after service. Any subsequent violation of the court order shall constitute a Class B misdemeanor. Also, the court may establish its own penalties for subsequent violations.

The costs of a proceeding to enforce parenting time shall, if requested by a party, be assessed against the party denying such time.

452.400.7 - Intentional withholding of parenting time constitutes a change of circumstances which may justify a modification of custody.

452.401 - Of the $35 dollar pro se fee, $25 shall be forwarded to the Department of Revenue for deposit in the "Missouri Family Access Fund". Monies in the fund shall be used to carry out the provisions of this act. The remaining $10 shall cover court costs associated with such motion.

452.405 - Language was added which prohibits the legal custodian from exercising legal custody in such a way as to detrimentally impact the other parent's parenting time or custody.

452.552 - A $10 surcharge is assessed upon filings of divorce. Monies from such surcharge shall be deposited in the "Domestic Relations Resolution Fund." Monies from the fund shall be used to reimburse judicial circuits for the costs associated with implementing this act.

452.556 - The State Courts Administrator shall create a handbook explaining relevant child support and visitation laws and a parent's responsibilities under a parenting plan. Such handbook shall be given to parties to a divorce where minor children are involved.

452.600 & 452.605 - Language was added which requires, except for good cause, educational sessions regarding the effects of divorce on children.

454.478 - For administrative orders of child support, the Division of Child Support Enforcement may, upon petition of the obligor, order the obligee to furnish the obligor with a summary of expenses paid for the child.

454.496. - The October 22, 1996, Missouri Supreme Court case of Chastain v Chastain, #78611, held that the portion of 454.496.6 which requires that a court must review an administrative child support order within 45 days or such order is deemed approved, is unconstitutional. Therefore, the last sentence of section 454.496.6 is deleted.

Section 1 - By January 1, 1999, every judicial circuit in the state shall establish a mediation process in compliance with Supreme Court Rule. A person may be exempt from mediation in cases where there is evidence of domestic violence or abuse.

Section 2 - Any person who makes a false claim of delinquent child support shall be guilty of a Class A misdemeanor.

Section 3 - A court may, in a separation or dissolution proceeding, determine which parent may claim the children as dependents for tax purposes. Such determination shall not be considered an award of child support.
JAMES KLAHR