Missouri College-Support statute clarification

[Darryl]

I will try to be brief.

Here is a Missouri Appellate Court opinion(partial) concerning child support abatement when college expenses are paid:

Specifically, section 452.340.6 RSMo 1997 Supp.(FN1) provides:
At the parent's option, a parent may pay one-half of the college room, board, tuition, mandatory fees and book expenses of the child as a credit reduction in the amount of child support during the months when a child attends school, if such child is enrolled as a full-time student and living away from the family residence for a majority of the school year, unless provisions for payment of college expenses are specified in the parenting plan or court order; except that, if such payment of college expenses is less than the court-ordered child support, the parent shall pay the difference between such college expenses and the court-ordered payment as provided in the court order.

Although not directly applicable to the circumstances presented in this case, this amendment to section 452.340 does provide at least implicit authority for a trial court to order abatement of child support by crediting payments for certain college expenses made by a non-custodial parent. By its express terms, section 452.340.6 authorizes a non-custodial parent who voluntarily pays specified college expenses for a child enrolled as a full time student and living away from home to credit such payments against the court ordered child support. The credit is limited to one half of the child's specified college expenses. By excepting payment of college expenses required by the parenting plan or court order, the statute implicitly assumes that any credit or abatement of child support payments due to such required payments will be addressed in the parenting plan or court order. Accordingly, we hold that section 452.340.6 RSMo 1997 Supp. does authorize a trial court to order abatement of child support as a credit for payment of specified college expenses pursuant to a parenting plan or court order.



Here is the actual statute text from the state official website re: 452.340.6:


Missouri Revised Statutes
Chapter 452
Dissolution of Marriage, Divorce, Alimony and Separate Maintenance
Section 452.340

August 28, 2003

6. The court shall consider ordering a parent to waive the right to claim the tax dependency exemption for a child enrolled in an institution of vocational or higher education in favor of the other parent if the application of state and federal tax laws and eligibility for financial aid will make an award of the exemption to the other parent appropriate.



Finally, my question

I see no language like this in the text.

1. Does that mean it is revised or is there more definitive language regarding this statute that I could find elsewhere?

[socrateaser]

>1. Does that mean it is revised or is there more definitive
>language regarding this statute that I could find elsewhere?

I don't have a clue. Usually, statutes will have the dates of their previous modifications. If you compare those dates with the date of your cited appellate opinion, the most recent change will control. In order to be absolutely sure, you would need to examine an official copy of the annotated missouri code, available at your county law library, or for purchase from the missouri secretary of state.

[Darryl]

I have received a letter from ex-wife's atty requesting tax filings, pay stubs etc (they did not send theirs). It outlines that they want guideline support plus tuition etc. Nothing has been filed with the court yet. I know I don't have to respond until a case has been filed and their letter states that. They want my info which they will use to TELL ME what I owe (in their opinion) etc. The requests are unreasonable and it will end up in court anyway.

1. If I do not respond can this be cause for reimbursement of their attorney's fees for me not making a good-faith effort to keep it out of the court room?