Termination of Child Support On Missouri Orders

When does current child support end on a Missouri order?

Section 452.340, Revised Statutes of Missouri (RSMo), governs when a parent’s obligation to pay current child support terminates on an order entered by a Missouri court or the Family Support Division (FSD). Review the statute to determine if your child continues to meet requirements under state law for current support to continue. FSD staff are not attorneys and therefore, not able to advise you on this law or any legal options you may have under the law.

What action does FSD take when a child turns 18?

FSD sends the custodian owed support a Notice of Intent to Stop Collection of Current Support (CS–697) 90 days before his/her child’s 18th birthday. The custodian must return the CS–697 if the child will continue to meet requirements under state law for current support to continue after the child’s 18th birthday.

If the custodian does not return the CS–697, FSD stops collection of current support for the child on his/her 18th birthday. However, the obligation to pay current support is not terminated. An obligation can only be terminated by:

Why didn’t the current support amount change when one of my children no longer met requirements under state law for current support to continue?

Most Missouri support orders covering multiple children are general rather than child specific. That is, the order sets a general (not per child) support amount that covers all children (e.g., $250 per month for two children instead of $125 per child). For a general support order, the support amount does not change unless the child who no longer meets state law requirements is the last child remaining on the order.

Who is responsible for notifying FSD when a child no longer meets requirements under state law for current support to continue?

Under state law, section 452.370, RSMo, the custodian owed support must notify the parent obligated to pay support when the child no longer meets requirements in state law (Section 452.340, RSMo) for current support to continue. As long as the custodian is receiving child support services from FSD, (s)he must also notify FSD, so FSD can adjust its records. If the custodian fails to notify the parent ordered to pay support and FSD, the custodian may be liable for repaying support received after the child no longer met requirements for current support to continue.

My child did not provide me with transcripts as required under state law. What can I do?

According to a Missouri Supreme Court decision [In re Marriage of Kohring, 999 S.W.2d 228, 223 (Mo banc 1999)], a child’s failure to provide a transcript and/or course list at the beginning of a semester does not terminate current support. The court decision provides for abatement (suspension) of the support obligation for the school term in question if a child meets all other educational requirements under Missouri state law, but fails to provide the school documents.

To request an abatement, send FSD a written statement that includes the begin and end dates of the school term(s) in which the child failed to provide a transcript and/or course list. FSD will then ask the custodian owed support if (s)he agrees with the statement. If the custodian does not agree, an administrative hearing may be necessary.

Does the current support obligation end if the case with FSD closes?

No. Closing a case with FSD will ONLY stop FSD’s collection of current and past–due support, if any. Case closure does not end the obligation to pay current support. An obligation can only be terminated by:

When does current support end on an order entered by another state?

Each state has its own laws on when current support ends. You must review the laws of the state where your order was entered to determine when current support ends. The Intergovernmental Reference Guide provides information on other states’ termination of support laws.

Affidavit for Termination of Child Support/Administrative Order Entered by FSD

The order on my case is an administrative order entered by FSD. My child no longer meets requirements for current support to continue. What do I do?

Complete the Affidavit for Termination of Child Support/Administrative Order (Affidavit). Once you complete the Affidavit, mail it to FSD at PO Box 6790, Jefferson City, MO 65102–6790. FSD staff are not attorneys and therefore, not able to advise you on how to complete the Affidavit.

If the custodian owed support submits the Affidavit, the custodian must mail a copy of the Affidavit to the parent ordered to pay support in addition to sending the original Affidavit to FSD. Upon receiving the Affidavit from a custodian, FSD will end the current support obligation for the child, but continue efforts to collect any past–due or other support owed under the order.

If this Affidavit is filed by the parent ordered to pay support, FSD will mail a copy to the custodian owed support.

What happens after I file the affidavit with FSD?

When the parent paying support files the Affidavit, FSD will mail the Affidavit to the custodian owed support. The custodian owed support has 30 calendar days to respond by:

  1. Agreeing that current support should no longer continue for the child. If the custodian agrees, the obligation is deemed terminated under Missouri law. FSD will continue efforts to collect any past–due or other support owed.
  2. Disagreeing that current support should no longer continue for the child. If the custodian disagrees, FSD will refer the matter to the Division of Legal Services for an administrative hearing to determine if current support should continue.
  3. Failing to respond. If the custodian does not respond, the child support obligation is deemed terminated under Missouri law. FSD will continue efforts to collect any past–due or other support owed.

Once an FSD–entered support obligation is terminated, FSD will not reinstate the support obligation.

Affidavit for Termination of Child Support/Judicial Order Entered by a Court

The order on my case is a judicial order entered by a Missouri court. My child no longer meets requirements for current support to continue. What do I do?

If your child support order was entered by a Missouri court, Missouri statute requires that you file an affidavit or sworn statement with the court that entered the support order. (Subsection 452.340.12, RSMo) Download the court form, Affidavit for Termination of Child Support form (CS 95), from the Office of State Courts Administrator’s website.

Circuit court clerks cannot provide assistance in completing forms. Contact the circuit clerk's office in the county where your order was entered for information on any required fees, deposits or local court rule procedures for the affidavit process.

FSD does not have authority to file your affidavit or take action to terminate the current child support obligation entered by the court.

If you file your affidavit with the proper court and that filing results in termination of the child support obligation for the above–named child, notify FSD immediately so FSD can adjust its records.