Kansas City Divorce Lawyer & Attorney : Wortman Law Firm

On July 13 of this year, Governer Matt Blunt signed Senate Bill 25 into law.  This bill affects, among other things, the age of emancipation of children.  Under the current law, child support will continue until the child reaches the age of 22 or graduates from college, whichever is sooner, provided that the child enrolled in college by October of the year that they graduated high school and remained continuously enrolled.  Under the new law, the age is reduced to 21 with some additional requirements for the support obligation to continue.

The text of the new law pertaining to child support and enrollment in college, RSMo Section 452.340 is set forth below.  Items in brackets are parts of the current law that are removed, and items in bold are the text of the new law:

 Unless the circumstances of the child manifestly dictate otherwise and

 the court specifically so provides, the obligation of a parent to make child support

 payments shall terminate when the child:

 (1) Dies;

 (2) Marries;

 (3) Enters active duty in the military;

 (4) Becomes self-supporting, provided that the custodial parent has

 relinquished the child from parental control by express or implied consent;

 (5) Reaches age eighteen, unless the provisions of subsection 4 or 5 of this

 section apply; or

 (6) Reaches age [twenty-two] twenty-one, unless the provisions of the

 child support order specifically extend the parental support order past the child's

[ twenty-second] twenty-first birthday for reasons provided by subsection 4 of

 this section.

 4. If the child is physically or mentally incapacitated from supporting

 himself and insolvent and unmarried, the court may extend the parental support

 obligation past the child's eighteenth birthday.

 5. If when a child reaches age eighteen, the child is enrolled in and

 attending a secondary school program of instruction, the parental support

 obligation shall continue, if the child continues to attend and progresses toward

 completion of said program, until the child completes such program or reaches

 age twenty-one, whichever first occurs. If the child is enrolled in an institution

 of vocational or higher education not later than October first following graduation

 from a secondary school or completion of a graduation equivalence degree

 program and so long as the child enrolls for and completes at least twelve hours

 of credit each semester, not including the summer semester, at an institution of

 vocational or higher education and achieves grades sufficient to reenroll at such

 institution, the parental support obligation shall continue until the child

 completes his or her education, or until the child reaches the age of [twenty-two]

 twenty-one, whichever first occurs. To remain eligible for such continued

 parental support, at the beginning of each semester the child shall submit to each

 parent a transcript or similar official document provided by the institution of

 vocational or higher education which includes the courses the child is enrolled in

 and has completed for each term, the grades and credits received for each such

 course, and an official document from the institution listing the courses which the

 child is enrolled in for the upcoming term and the number of credits for each such

 course. When enrolled in at least twelve credit hours, if the child

 receives failing grades in half or more of his or her courseload in any

 one semester, payment of child support may be terminated and shall

 not be eligible for reinstatement. Upon request for notification of the

 child's grades by the noncustodial parent, the child shall produce the

 required documents to the noncustodial parent within thirty days of

 receipt of grades from the education institution. If the child fails to

 produce the required documents, payment of child support may

 terminate without the accrual of any child support arrearage and shall

 not be eligible for reinstatement. If the circumstances of the child manifestly

 dictate, the court may waive the October first deadline for enrollment required

 by this subsection. [If the child has pursued a path of continuous attendance and

 has demonstrated evidence of a plan to continue to do so, the court may enter a

 judgment abating support for a period of up to five months for any semester in

 which the child completes at least six but less than twelve credit hours; however,

 such five-month period of abatement shall only be granted one time for each

 child.] If the child is enrolled in such an institution, the child or parent obligated

 to pay support may petition the court to amend the order to direct the obligated

 parent to make the payments directly to the child. As used in this section, an

 "institution of vocational education" means any postsecondary training or

 schooling for which the student is assessed a fee and attends classes

 regularly. "Higher education" means any junior college, community college,

college, or university at which the child attends classes regularly. A child who

 has been diagnosed with a [learning] developmental disability, as defined in

 section 630.005, RSMo, or whose physical disability or diagnosed health

 problem limits the child's ability to carry the number of credit hours prescribed

 in this subsection, shall remain eligible for child support so long as such child is

 enrolled in and attending an institution of vocational or higher education, and the

 child continues to meet the other requirements of this subsection. A child who

 is employed at least fifteen hours per week during the semester may take as few

 as nine credit hours per semester and remain eligible for child support so long as

 all other requirements of this subsection are complied with.

The bill also contains modifications to other statutes pertaining to child support, foster parents, and child protection and reformation.  The entire bill can be read here. 

• Print
• Comments
• Trackbacks

Senate Bill 25, set to take effect on August 28 of this year, was delivered to governor Matt Blunt on May 30, 2007.  The Bill affects various statutes pertaining to child protection, enforcement of child support, and termination of child support, The summary of the bill is as follows:

             CHILD ABUSE AND NEGLECT INVESTIGATIONS

This act prohibits the Missouri Children's Division from closing a child abuse or neglect investigation if a child subject to the investigation dies during the course of the investigation, until such time as any separate investigation by the Division regarding the death is completed. (Section 210.145)

FOSTER PARENTS' BILL OF RIGHTS

This act modifies several provisions regarding the rights of foster parents, and states that the children's division and its contractors shall provide foster parents with written notification of the rights enumerated in this act at the time of initial licensure or renewal of licensure.

The act provides that the division and its contractors shall provide foster parents with regularly scheduled opportunities for preservice training and pertinent inservice training, as determined by the Missouri State Foster Care and Youth Advisory Board. The division and its contractors shall provide to foster and potential adoptive parents, prior to placement of children, a full disclosure of all medical, psychological, and psychiatric conditions of the child, information from previous placements that would indicate a propensity of the child to engage in violent or destructive behavior, information related to the child or child's family including history of mental or physical illness, sexual abuse or perpetration, criminal background, fire-setting or other destructive behavior, substance abuse, or any other information that is pertinent to the care and needs of the child and protection of the foster or adoptive family. Knowingly providing false or misleading information in order to secure placement for a child shall be denoted in the caseworker's file and shall be kept on record by the division. Foster parents shall be informed in a timely manner of all team meetings related to licensure status or children placed in their home. Foster parents shall follow all division and contractor procedures related to requesting and using respite care.

The act also provides that foster parents may share otherwise confidential information about children in their care with school personnel in order to secure safe and appropriate education for such children, and may share such information as is necessary for medical or psychiatric care of the child. Foster parents also must share any concerns that arise in the care of any child in their home with members of the child welfare team. Foster parents are also required to be flexible and cooperative with regard to family visits.

The act states that the division and its contractors shall provide foster parents with training that specifically addresses cultural needs of foster children, including but not limited to skin and hair care, and religious or cultural practices of the child's biological family, and shall provide referrals to community resources for ongoing education and support. Foster parents shall use discipline methods which are consistent with division policy.

The act also provides that foster parents shall give two weeks notice when requesting removal of a child in their home, except in emergency situations. Also, if a child reenters the foster care system and cannot be placed in a relative home, such child's former foster parents shall be given first consideration for placement of the child. If a foster child becomes free for adoption, foster parents shall inform the caseworker within 60 days of any inquiry as to whether they desire to pursue adoption, and if they choose not to do so, foster parents shall support the child's placement in a permanent home by providing information on the history and care needs of the child, as well as accommodating transitional visitation. The act provides that foster parents shall be informed by the court no later than two weeks prior of all court hearings pertaining to a child in their care.

The act also provides that the division and its contractors shall provide access to an impartial grievance procedure to address issues relating to foster parent licensure, case management decisions, and service issues. (Section 210.566)

These provisions are substantially similar to SB 697 (2007).

CHILD SUPPORT ENFORCEMENT

This act modifies various provisions relating to child support enforcement. Under current law, the Child Support Enforcement Division may certify a person who owes a child support arrearage in excess of 5,000 dollars to the appropriate federal agency for denial, suspension or limitation of a passport to such person. This act lowers the arrearage threshold for passport denial certification from $5,000 to $2,500. This act also allows the division to open a corresponding child support case based on another state’s request for assistance.

Definitions for "parent," "dependent child," "obligee," "obligor," and "public assistance" are modified. Among such modifications are adding putative father and legal father into the definition of "parent" and adding the state into the definition of "obligee."

This act also allows the Child Support Enforcement Division to collect past due support owed to the state when a caretaker relative was on assistance or the child was in the custody of the state. The division is also allowed to establish an administrative order against any parent who does not already have an order against them. Under current law, the division can only establish an order if there is no order of support for the child. The division is also allowed to vacate an order which was improperly entered without jurisdiction or due process. Under current law, a court order is needed in order to avoid these orders. This act also specifies that an administrative modification can be made and must be approved by the court to become an enforceable order. If the order is not approved, the matter is then set for trial de novo.

This act also authorizes the Missouri Gaming Commission to direct gambling boats to intercept and pay over gambling winnings to individuals who owe past-due support or state debt, if winnings meet criteria for reporting to the Internal Revenue Service. (Section 454.390, 454.455, 454.460, 454.470, 454.496, 454.511, 511.350)

These provisions are substantially similar to SB 603 (2007) and HB 936 (2007).

CHILD SUPPORT MODIFICATION

This act allows a parent to stop paying child support when his or her child reaches 21 years of age or is at least 18 years of age and receives two failing grades in half or more of his or her courseload in any one semester when enrolled in at least 12 credit hours of higher education. (Section 452.340)

These provisions are substantially similar to HB 493 (2007).

The entire bill can be read here.

• Print
• Comments
• Trackbacks

Evidence For Terminating Parental Rights Was Too Old
Finding of neglect must "be based on conduct at the time of termination, not just at the time jurisdiction was initially taken." Circuit Court entered its judgment terminating Father's parental rights on a record of neglect and failure to rectify that was a year and five months old. Finding on lack of bonding was not supported by substantial evidence.
In the Interest of C.A.L., a child under seventeen years of age. Missouri Court of Appeals Southern District

Evidence Showed No Failure To Rectify
Mother had temporary financial troubles, based on health problems, after which she supported her children. Mother failed to visit Child, but only when incarcerated, and "visited consistently and regularly" since then. "[N]othing in the record speaks to circumstances that existed at the "time of termination." Bonding assessment was two years old, but showed that Mother had bonded with Child. Judgment terminating the parental rights of Mother reversed.
In the Interest of C.A.L., a child under seventeen years of age. Missouri Court of Appeals Southern District

Post:  The Missouri Bar

No Appeal From Stay
Circuit Court's stay of a paternity action, pending litigation in Illinois, is not a final judgment, so it is not subject to appeal.
Valerie May Palmer, et al., Plaintiffs/Appellants v. Roberto Grajeda, Jr., Defendant/Respondent. Missouri Court of Appeals Eastern District

• Print
• Comments
• Trackbacks

I recently found a great article on kidshealth.org discussing how to plan a successful, fun, and active family vacation involving everyone in the family and focusing on a little extra physical activity.  The article is reproduced below:

If you think fitness is important for your family, an active vacation might sound appealing. It's a chance to do activities your family already enjoys and maybe try something new. But before you pack the hiking boots, bike helmets, and swim goggles, find out how to plan a trip that will be active and fun without being exhausting, especially for young travelers.

What's an Active Vacation?

Lots of vacations are active, but specifically planning an active vacation means you're looking for an extra measure of physical activity. Instead of only going to the beach, for example, you might choose a hotel that offers tennis lessons, fishing excursions, and shuttles to a nearby water park.

For a trip to a big city, an active trip could include walking tours, visits to museums and zoos, ice skating or inline skating in a local park, and ending each day with a dip in the hotel pool. Then there are full-fledged adventure vacations that focus on whitewater rafting, downhill skiing, scuba diving, or mountain biking.

Camping is another popular choice and can be affordable to extravagant, depending on where you go and how much camping gear you already own. The nation's 388 national parks offer a wide range of activities, from nature walks to a program that awards your child the distinction of being a Junior Ranger (see sidebar).

Step 1: Choose Your Destination

After the adults decide on the vacation budget and a couple of trip ideas, it's a good time to get the kids involved. Older kids might want to vote on the list of possible trips, while younger kids will appreciate seeing photos of where you've decided to go and all the fun stuff to do there.

Because you're trying to incorporate activity, it's important to consider each family member's interests and needs. If mom is an expert skier but everyone else is a novice, will that work? Perhaps - if the resort offers ski lessons for the rookies as well as other options for when the slopes have grown tiresome, such as toboggan rides, ice skating, and arts and crafts at the lodge.

Travel websites and alumni associations often can provide low-cost deals on trips.
Look into vacation packages for families because they will cater to kids of all ages as well as to parents. Finding a family-friendly outfitter is especially important when planning an adventure trip, like biking or rafting, because many of those packages are far better suited to adult travelers.

A family cruise can be a good choice because it's self-contained and there's plenty to do. But the round-the-clock eating so common on many cruise ships could interfere with your plans for a healthy vacation. And there are some challenges if you're looking for a lot of physical activity. While cruise lines do offer activity programs and on-shore excursions, there could be limits to the amount of physical activity you can engage in while onboard. If you're considering a cruise:

• Ask about the pools, climbing walls, classes, and other offerings. Are they easily available, or are there waiting lists or long wait times?
• Find out if the cruise line offers active programs for kids of all ages, or just a childcare service.
• Sign up early for on-shore excursions and other activities that could fill up quickly.

With other types of trips, too much activity can be a problem. Some pre-packaged trips might schedule more than your family can handle, so be sure to review the itinerary before signing up. They also can be expensive. Traveling off-season is an option, but may become impossible once kids are in school.

Step 2: Get Kids Involved in the Itinerary

Once you know where you're going, let kids help map out your trip. Older kids might like researching your destination online or in travel books. Younger kids will like seeing a short list of options and getting to choose something special they'd like to do or see. Letting your child choose some of the family's activities encourages good feelings about being physically active together.

Another way to involve kids is to put each one in charge of some aspect of the trip. Is there a natural photographer in the family? Ask that child to take pictures and create a scrapbook when everyone's back home. Or maybe one of your kids likes maps. Get a child-friendly map and let him or her follow your route as you travel to your destination. Kids also can help guide you using maps in museums, zoos, or amusement parks. School-age kids might like having a travel journal to record memories in words and pictures.

• Print
• Comments
• Trackbacks