PURPOSE: This rule specifies guidelines for the Division of Child Support Enforcement’s use in determining support amounts 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; and

1. 2. Gross income means income from

any source, except as excluded as follows, and includes, but is not limited to, income from salaries, wages, overtime compensation, commissions, bonuses, dividends, severance pay, pensions, interest, trust income, annuities, capital gains, Social Security benefits, retirement benefits, Workers’ Compensation benefits, unemployment compensation benefits, disability insurance benefits and spousal support actually received from a person not a party to the order. For income from rent, royalties, self-employment, proprietorship of a business or joint ownership of a partnership or closely held corporation, gross income means gross receipts minus ordinary and necessary expenses required to produce that income, not including amounts allowable by the Internal Revenue Service for the accelerated component of depreciation expenses or investment tax credits. For individuals who are unemployed or underemployed, child support may be calculated in appropriate circumstances based on a determination of potential income, except the director shall not impute income to a custodial parent if the noncustodial parent’s monthly gross income is seven hundred dollars ($700) or less. To determine potential income, the director may consider employment potential and probable earnings level based on the parent’s recent work history, occupational qualifications, prevailing job opportunities in the community and whether that parent is custodian of a child whose condition or circumstances make it appropriate that the custodian not be required to seek employment outside the home. Gross income does not include child support received for other children or benefits received from means-tested public assistance programs, including, but not limited to, Aid to Families with Dependent Children (AFDC) benefits, Medicaid benefits, Supplemental Security Income benefits, Food Stamps and General Assistance benefits.

1. (2) Child Support Guideline. When the director is seeking to establish a current child support obligation under sections 454.460— 454.510, RSMo, the director shall—

   1. (A) Determine from a reliable source the custodial and noncustodial parents’ gross monthly incomes. Reliable sources include, but are not limited to, income statements the parents have prepared themselves, information contained in the records of other state and federal agencies, tax returns and pay stubs or other reports from the parents’ employers;

   2. (B) Adjust the gross income if the parent is providing custodial care to his/her natural or adopted child(ren) not subject to the order, by reducing his/her gross income by the amount of child support s/he would be ordered to pay under this rule for the number of children in his/her custody. However, the director shall make no such adjustment to the parental income—

      1. 1. In a modification review pursuant to

13 CSR 30-5.020 for any parent who requested the review unless paragraph (3)(B)9. of this rule applies; or

1. 2. If a child support order exists for the

other child(ren);

1. (C) Adjust the gross income of a parent who has been ordered to pay child and spousal support or child or spousal support for the child(ren) not the subject of the instant proceeding and who actually is complying with the order(s). The adjustment will be limited to the amount of current support contained in the preexisting order;
2. (D) Determine the preliminary child support obligation of the two (2) parents by combining their adjusted gross incomes and referring to Table I. For combined income amounts falling between the fifty-dollar ($50) increments in the table, the income will be rounded down to the nearest fifty-dollar ($50) increment for amounts at the midpoint between the increments or below, or rounded up to the next fifty-dollar ($50) increment for amounts one cent ($.01) above the midpoint between the increments or higher. For each additional child beyond the six (6) children for whom child support is computed in Table I, add the dollar difference between the amounts listed in the columns for five (5) and six (6) children in the appropriate combined income row to the obligation amount in the column for six (6) children. The number of children used in determining the obligation will include only those children for whom the parents share a joint legal duty of support and 13 CSR 30-5

for whom support is being sought in the instant proceeding;

1. (E) Determine the cost of any reasonable child care costs incurred by the custodial parent due to employment or specific job training, less any available federal income tax credit, and add to the basic support obligation. Child care costs shall be deemed reasonable if they do not exceed the maximum amount the Division of Family Services pays a daycare services provider in the county in which the child(ren) resides, and any amount claimed in excess will not be credited;
2. (F) Determine any amount actually paid by either parent, or deducted from either parent’s paycheck, on a monthly basis for health insurance benefits for the child(ren) subject to the order. If the portion of the premium actually attributable to the child(ren) subject to the order is not available or cannot be verified, the total monthly cost of the premium will be divided by the total number of persons covered by the policy and then multiplied by the number of children covered by the policy who are subject to the order;
3. (G) Determine the amount of any extraordinary uninsured medical expenses for the child(ren) subject to the order. An uninsured medical expense will be deemed extraordinary if it exceeds one hundred dollars ($100) for a single occurrence and if the condition will exist for at least one (1) year. These expenses include, but are not limited to, costs that are reasonably necessary for dental treatment, asthma treatment, physical therapy, professional counseling or psychiatric therapy and any other long-term health problem;
4. (H) Determine each parent’s share of the preliminary child support obligation by multiplying the preliminary child support obligation by each parent’s proportionate share of their combined adjusted income. The noncustodial parent’s share will be his/her basic child support obligation. The custodial parent shall be presumed to spend his/her share directly on the child(ren);
5. (I) Determine the monthly amount the noncustodial parent pays for health insurance for the child(ren) subject to the order, if any. Prorate an annual or semiannual amount to a monthly amount if necessary. If the exact amount attributable to the child(ren) subject to the order cannot be determined, divide the amount of the monthly insurance payment by the number of persons covered by the amount and multiply the result by the number of children subject to the order; and
6. (J) Determine the noncustodial parent’s total presumed child support obligation by computing the sum of the noncustodial parent’s basic child support obligation and any adjustments made under subsections (2)(E)—

1. (H) and subtracting any adjustment made under subsection (2)(I).

2. (3) Rebuttable Presumption. The presumption is that the amount of child support as calculated in subsections (2)(A)—(J) is the amount of child support to be awarded in any administrative proceeding for child support. This presumption can be rebutted in a particular case if the director enters in the case a written finding that the amount so calculated, after consideration of all relevant factors, is unjust or inappropriate. In addition the director must state the child support amount determined under subsections (2)(A)—(J) and how the ordered amount varies from the presumed amount.

   1. (A) Relevant factors for consideration to rebut the presumption are—

      1. 1. The financial resources and needs of

the child;

1. 2. The financial resources and needs of

the parents;

1. 3. The standard of living the child would

have enjoyed had the marriage not been dissolved;

1. 4. The physical and emotional condition

of the child; and

1. 5. The educational needs of the child.

2. (B) The director may rebut the presumed child support amount determined under subsections (2)(A)—(J), if s/he makes a finding that one (1) of the following circumstances exist which makes the guidelines amount unjust and inappropriate:

   1. 1. A child of the order has other income

available that is not derived from the child’s special needs;

1. 2. A parent has significant, extraordi-

nary medical expenses for him/herself or for a relative by blood or marriage other than a child of the order;

1. 3. A parent is under a Chapter 13 bank-

ruptcy plan;

1. 4. The Division of Family Services has

determined in a foster care case that the presumed child support amount is not in the best interest of the child;

1. 5. The parents’ combined income is

more than the maximum income shown in Table I.

1. 6. The noncustodial parent’s share of the

presumed child support amount plus the average of the noncustodial parent’s verified expenses for rent or mortgage payment, electricity, natural or propane gas, water and basic telephone service for the six (6)-month period preceding the review (or fifty percent (50%) of that average expense if the noncustodial parent has a current spouse residing with him/her who is employed or is capable of being employed), equals sixty percent (60%) or more of the noncustodial parent’s monthly gross income;

1. 7. The custodial parent’s share of the

presumed child support amount plus the average of his/her expenses for rent or mortgage payment, electricity, natural or propane gas, water and basic telephone service (or fifty percent (50%) of that average expense if the custodial parent has a current spouse residing with him/her who is employed or is capable of being employed), minus the noncustodial parent’s presumed child support amount, equals sixty percent (60%) or more of the custodial parent’s monthly gross income;

1. 8. The noncustodial parent’s monthly

gross income is seven hundred dollars ($700) or less and the custodial parent’s monthly gross income is one dollar ($1) or more (actual or imputed); or

1. 9. In a modification review pursuant to

13 CSR 30-5.020 if the parent is providing custodial care to his/her natural or adopted child(ren) not subject to the order being reviewed, the child(ren) was/were considered in the adjustment of gross income when the original child support obligation was established, and no child support order exists for the children.

1. (C) The director may adjust the presumed child support amount determined under subsections (2)(A)—(J) as follows:

   1. 1. When s/he makes a finding that any

of the circumstances in paragraphs (3)(B)1.— 7. exist, the director may adjust the presumed child support amount by no more than twenty-five percent (25%) upward or downward;

1. 2. When s/he makes a finding that the

circumstance in paragraph (3)(B)8. exists, the director may set the child support amount at twenty dollars ($20) per month if the noncustodial parent’s income is three hundred dollars ($300) per month or less, or set the child support amount at fifty dollars ($50) per month if the noncustodial parent’s income is three hundred and one dollars to seven hundred dollars ($301—$700) per month; or

1. 3. When s/he makes a finding that the

circumstances in paragraph (3)(B)9. exist, the director may adjust the gross income of the parent determined under subsection (2)(A) by reducing his/her gross income by the amount of child support s/he would be ordered to pay under this rule for the number of children in his/her custody and set the child support amount pursuant to subsections (2)(C)—(J).

AUTHORITY: section 454.400, RSMo (1994).* 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. *Original authority 1982, amended 1985, 1986, 1990, 1993. Missouri Child Support Guideline Schedule of Basic Child Support Obligations Combined Gross Monthly Income 300.00 or less 301.00 to 700.00 750.00 800.00 850.00 900.00 950.00 1000.00 1050.00 1100.00 1150.00 1200.00 1250.00 1300.00 1350.00 1400.00 1450.00 1500.00 1550.00 1600.00 1650.00 1700.00 1750.00 1800.00 1850.00 1900.00 1950.00 2000.00 2050.00 2100.00 2150.00 2200.00 2250.00 2300.00 2350.00 2400.00 2450.00 2500.00 2550.00 2600.00 2650.00 2700.00 2750.00 2800.00 2850.00 2900.00 2950.00 3000.00 3050.00 3100.00 3150.00 3200.00 3250.00 3300.00 3350.00 One Two Child Children TABLE I Three Children Children Four 13 CSR 30-5 Five Children Six Children Combined Gross Monthly Income 3400.00 3450.00 3500.00 3550.00 3600.00 3650.00 3700.00 3750.00 3800.00 3850.00 3900.00 3950.00 4000.00 4050.00 4100.00 4150.00 4200.00 4250.00 4300.00 4350.00 4400.00 4450.00 4500.00 4550.00 4600.00 4650.00 4700.00 4750.00 4800.00 4850.00 4900.00 4950.00 5000.00 5050.00 5100.00 5150.00 5200.00 5250.00 5300.00 5350.00 5400.00 5450.00 5500.00 5550.00 5600.00 5650.00 5700.00 5750.00 5800.00 5850.00 5900.00 5950.00 6000.00 6050.00 6100.00 6150.00 Schedule of Basic Child Support Obligations One Child Children Two Three Children Children Four Five Children Six Children Combined Gross Monthly Income 6200.00 6250.00 6300.00 6350.00 6400.00 6450.00 6500.00 6550.00 6600.00 6650.00 6700.00 6750.00 6800.00 6850.00 6900.00 6950.00 7000.00 7050.00 7100.00 7150.00 7200.00 7250.00 7300.00 7350.00 7400.00 7450.00 7500.00 7550.00 7600.00 7650.00 7700.00 7750.00 7800.00 7850.00 7900.00 7950.00 8000.00 8050.00 8100.00 8150.00 8200.00 8250.00 8300.00 8350.00 8400.00 8450.00 8500.00 8550.00 8600.00 8650.00 8700.00 8750.00 8800.00 8850.00 8900.00 8950.00 Schedule of Basic Child Support Obligations One Child Children Two Three Children Children Four 13 CSR 30-5 Five Children Six Children Combined Gross Monthly Income 9000.00 9050.00 9100.00 9150.00 9200.00 9250.00 9300.00 9350.00 9400.00 9450.00 9500.00 9550.00 9600.00 9650.00 9700.00 9750.00 9800.00 9850.00 9900.00 9950.00 10000.00 10050.00 10100.00 10150.00 10200.00 10250.00 10300.00 10350.00 10400.00 10450.00 10500.00 10550.00 10600.00 10650.00 10700.00 10750.00 10800.00 10850.00 10900.00 10950.00 11000.00 11050.00 11100.00 11150.00 11200.00 11250.00 11300.00 11350.00 11400.00 11450.00 11500.00 11550.00 11600.00 11650.00 11700.00 11750.00 Schedule of Basic Child Support Obligations One Child Children Two Three Children Children Four Five Children Six Children Combined Gross Monthly Income 11800.00 11850.00 11900.00 11950.00 12000.00 12050.00 12100.00 12150.00 12200.00 12250.00 12300.00 12350.00 12400.00 12450.00 12500.00 12550.00 12600.00 12650.00 12700.00 12750.00 12800.00 12850.00 12900.00 12950.00 13000.00 13050.00 13100.00 13150.00 13200.00 13250.00 13300.00 13350.00 13400.00 13450.00 13500.00 13550.00 13600.00 13650.00 13700.00 13750.00 13800.00 13850.00 13900.00 13950.00 14000.00 14050.00 14100.00 14150.00 14200.00 14250.00 14300.00 14350.00 14400.00 14450.00 14500.00 14550.00 Schedule of Basic Child Support Obligations One Child Children Two Three Children Children Four 13 CSR 30-5 Five Children Six Children Combined Gross Monthly Income 14600.00 14650.00 14700.00 14750.00 14800.00 14850.00 14900.00 14950.00 15000.00 Schedule of Basic Child Support Obligations One Child Children Two Three Children Children Four Five Children Six Children