PURPOSE: This rule sets forth the guidelines to be followed by the Division of Child Support Enforcement to determine the current amount of support due when establishing or modifying child support obligations.

1. (1) General Provisions.

   1. (A) Definitions—as used in this rule:

      1. 1. Director means the director of the

Division of Child Support Enforcement or his/her designee.

1. 2. Division means the Division of Child

Support Enforcement.

1. 3. Form 14 means Missouri Supreme

Court Civil Procedure Rule Form 14 and accompanying Schedule of Basic Child Support Obligations.

1. (B) The division shall follow, as its Child Support Obligation Guidelines, Missouri Supreme Court Civil Procedure Rule 88.01 and Missouri Supreme Court Rule Civil Procedure Form 14 and the accompanying Schedule of Basic Child Support Obligations.

1. (2) Specific Provisions and Deviation Criteria.

   1. (A) Determining and Imputing Income.

      1. 1. The division will generally include

overtime, secondary employment, and bonus income when determining gross income.

1. 2. Past earnings information may be

used to impute income. Information on previous earnings may be obtained from the following sources, including, but not limited to, Division of Employment Security computer screens, Internal Revenue Service, past employers, tax returns, and wage stubs.

1. 3. When income information is not

available, and information regarding the parent’s normal occupation or educational level is known, or special skills which qualify him/her to maintain specific jobs, income may be imputed based on probable earnings levels for his/her usual occupation, qualifications, and prevailing job opportunities and wages in the parent’s community. This information may be obtained from sources including, but not limited to, the Department of Labor and Industrial Relations, local unions, or employers in the area.

1. 4. Income may be imputed to a parent

who is unemployed or underemployed based on the determination of the parent’s potential to earn income. A parent whose actual income cannot be determined or who has no income will be imputed income as follows:

1. A. A parent who is not currently

employed, whether or not he has a work history, and is now disabled and unable to work, or has a child at home whose condition or circumstance requires a parent’s presence in the home, will be imputed zero income.

1. B. A parent who has no work history

and has a child in the home under the age of six years will be imputed zero income.

1. C. A parent who has no work history

and has a child at home between the ages of six and twelve years, will be imputed parttime (20 hours per week) at federal minimum wage.

1. D. A parent with no work history, and

no children under age 13, full-time (40 hours per week) at federal minimum wage will be imputed.

1. (B) A support order for a non-parent caretaker relative, or a foster care case, will be completed using separate Form 14s for each parent’s case, listing on one Form 14 the mother as the parent paying support and on the second Form 14, the father as the parent paying support.
2. (C) A presumed child support amount equal to zero or less than zero will be entered as an obligation of zero.
3. (D) The parents must provide information (court orders, pay records, previous Form 14s, check stubs, etc.) regarding other child support obligations, spousal obligations, insurance, and child care, for credit on the Form 14.
4. (E) Neither parent will be considered the moving party if the division or a non-parent caretaker relative initiates the modification. Both parents will be given credit for any other court or administrative order of child or spousal support which he/she is paying or for other natural or adopted children not subject to this proceeding.
5. (F) To include extraordinary medical or child-rearing costs, it must be ordered by the court or an agreement in writing of the amount of any extraordinary medical or child rearing costs to be included on the Form 14 must be signed by both parents and provided to the division.

6. (G) Adjustment for periods of overnight visitation will be given up to the amount of visitation that has been court-ordered. If the non-custodial parent visits the child less than the amount granted in the court order, he/she will only receive credit for the overnight visits actually exercised. The parents must provide evidence concerning the amount of time actually exercised in court-ordered visitations. 13 CSR 30-5

   1. 1. Number of overnight periods—Less

than 36/Adjustment 0%

1. 2. Number of overnight periods—

36–72/Adjustment 6%

1. 3. Number of overnight periods—

73–91/Adjustment 9%

1. 4. Number of overnight periods—

91–145/Adjustment 10%

1. (H) Deviation. If it is determined the presumed child support amount is unjust and inappropriate, the division may deviate based on the criteria in the directions for completion of the Form 14 for one of the following reasons:

   1. 1. A parent is under a Chapter 13

Bankruptcy plan.

1. 2. The Division of Family Services

determines that in a foster care case the child support amount is not in the best interest of the child. The Division of Family Services staff must provide the reason in writing.

1. 3. The parent obligated to pay support

claims to the division an inability to pay the presumed child support amount because the parent’s reasonable shelter expenses, or onehalf of the shelter expenses if another person resides with the parent and assists in these expenses, and the child support total 60% or more of the parent’s gross monthly income. The parent to whom support is due claims the child support amount is too low and that parent’s share of the total child support and his/her reasonable shelter expenses, or onehalf of the shelter expenses if another person resides with and assists in these expenses, minus the presumed child support of the parent obligated to pay support equals 60% or more of his/her gross income.

1. 4. The division may deviate to adjust the

presumed child support amount up to 25% if any of the above factors exist.

1. 5. If the amount of overnight visitation

exceeds 146 nights, the division may determine the children are spending substantially equal time with both parents, which may require a deviation from the presumed child support amount.

1. 6. If the total amount of children on the

order exceeds six, the division will add to the amount determined by the guidelines for six children, the difference between the amount for five children and six children and add that amount for each additional child.

AUTHORITY: section 454.400, RSMo Supp. 1999.* Original rule filed Feb. 2, 1988, effective April 11, 1988. Emergency amendment filed Dec. 13, 1989, effective Dec. 23, 1989, expired April 11, 1990. Emergency amendment filed Jan. 17, 1990, effective Jan. 27, 1990, expired Feb. 25, 1990. Amended: Filed Dec. 13, 1989, effective April 26, 1990. Emergency rescission and emergency rule filed March 14, 1994, effective April 1, 1994, expired July 29, 1994. Emergency rescission and emergency rule filed July 27, 1994, effective Aug. 6, 1994, expired Dec. 3, 1994. Rescinded and readopted: Filed March 14, 1994, effective Oct. 30, 1994. Amended; Filed June 15, 1995, effective Dec. 30, 1995. Rescinded: Filed Nov. 9, 2000, effective May 30, 2001. Readopted: Filed May 17, 2000, effective Dec. 30, 2000. *Original authority: 454.400, RSMo 1982, amended 1985, 1986, 1990, 1993, 1995, 1997.