HCS/SS/SCS/SB 651 - This act makes various changes to laws concerning divorce actions and related proceedings that involve minor children. Parties are required to retain their original denomination (i.e. petitioner, respondent) throughout any proceedings under Sections 452.300-.415, RSMo, and are allowed to change the venue of a dissolution case in situations where the other party takes a child, moves, and files for dissolution in the new county.

The act changes the requirements for a judgment of legal separation by requiring the court to find that there is a reasonable likelihood that the marriage can be preserved and therefore it is not irretrievably broken. Under current law, a court must enter a judgment of legal separation if a party requests it. The party with "actual physical custody" of a child must be named in the petition; the act defines this phrase, and clarifies that this initial custody does not create a preference in the final custody determination.

The act amends Section 452.315, RSMo, dealing with what initial temporary orders a court can or must enter, how long those orders are effective, and how those orders can be modified and/or enforced, and provides for an expedited special master procedures. Parties may enter into marital settlement agree- ments, which, except for child support terms, are binding on the court unless it finds that the agreement is unconscionable or not in the best interest of each child. The court shall divide marital property and debts, taking into consideration the parenting time schedule. The public policy of the state with regard to children involved in dissolution proceedings includes encouraging parents to resolve disputes amicably through alternative dispute resolution. The act eliminates a specific semester or term hour requirement for children with physical or learning disabilities or diagnosed health problems in order for that child to continue to receive child support beyond 18 years of age. Courts may modify an award of maintenance in a legal separation for good cause shown.

Courts shall order parties to a proceeding for dissolution or modification to attend educational sessions and participate in an alternative dispute resolution (ADR) program to resolve issues of child custody or parenting time, except for good cause shown. The ADR program will be paid for by the parties. Prior to participating in the ADR program, the parties must complete a proposed parenting plan provided by the ADR program. If the parties reach an agreement, they will submit the agreement to the court as a joint parenting plan. Each circuit will be required to establish an ADR program by no later than December 31, 2001. The Supreme Court will devise a standard parenting plan form to be used by the participants in an ADR program. The form will list the information to be included in the parenting plan.

The act amends current law regarding child custody and parenting time issues. In its main provisions, the rewritten section (1) reorders the subsections, placing the public policy statement at the beginning of the section; (2) redefines the terms describing the alternative custody arrangements; and (3) reorders the factors a court must consider prior to entering a custody or parenting plan. Home school shall not be a factor that the court considers in determining legal custody or parenting time. The burden of coming forward with evidence that a particular arrangement is not in the best interest of the child shall be on the party opposing the arrangement. Upon request, the court shall enter a written finding detailing the specific factors supporting the order.

Any parent is prohibited from changing his, her, or the child's residence without providing notice, within certain time frames, to the other parent or third party entitled to contact with the child. Contents of the notice are delineated. A court may waive or modify the notice requirement for safety reasons. Failure to provide notice a sufficient reason to modify a custody order, compel the return of the child, or order the payment of attorney's fees and court costs. The relocation of a child is permitted unless a parent files a motion objecting to the move within fifteen days after receipt of notice. A third party entitled to contact with the child may obtain a revised schedule of contact from a court. A court must consider certain factors when determining the relocation issue. If relocation is permitted, the court shall make any necessary orders (including orders modifying prior orders) to best effectuate the relocation and custody arrangements.

A family access procedure shall be created for ease of enforcement of visitation orders. Procedures shall include: pro se form, cost not to exceed $35, alternate dispute resolution may be scheduled within 14 days after notice has been mailed. Upon finding that a previous order has been violated, the court may award compensatory time, fine the party in violation, require a bond to be posted, order the violator to pay the costs of counseling, and pay for the costs of the action, including legal fees. Final disposition shall take place not more than 60 days after service.

Family court commissioners are allowed to hear Chapter 452 proceedings. Each party is allowed one disqualification of a guardian ad litem per proceeding within 10 days from appointment. A party may disqualify more than one guardian ad litem in a proceeding for good cause shown.

A ten dollar surcharge is added to any other court costs in dissolution proceedings, to go to the Domestic Relations Resolution Fund, used to reimburse local circuits for costs associated with implementation of this act. The State Courts Administrator shall create a handbook outlining procedures regarding parenting plans, alternate dispute resolution, family access motions, assumptions regarding child support and a party's rights and responsibilities. All circuits shall establish educational programs for parties to a dissolution proceeding.

The statute of limitations for fraudulent claims of child support to a public servant shall be three years. The common-law torts of alienation of affection and conspiracy to alienate affection are abolished. Modification to court orders involving child custody and support entered before January 1, 1999, based solely upon the changes in Chapters 452 and 454, RSMo, are prohibited.

A person who has erroneously received child support payments from the Division of Child Support Enforcement must repay such money. A person who fails to repay such money upon request by the division is guilty of stealing as defined in Section 570.030 RSMo. A court may require a neutral location for the exchange of a child, and requires that a neutral third party be present.

In order to enforce custody or visitation orders, a party request the assistance of a sheriff must first show the sheriff that the person with possession of the child is not entitled to have the child.

The act also revises laws concerning child support enforcement, provisions similar to SB 910. The required notice to a mother and putative father regarding legal consequences and benefits of establishing paternity may be provided by use of audio or video equipment. The qualifying date is removed for presumption by consent when the father married the mother and his name is listed on the birth certificate. Any person having physical or legal custody of a child may file a paternity action. Probability of paternity from blood tests must be at least 99.99 percent. The application of the Uniform Parentage Act to the Uniform Interstate Parentage Support Act is clarified.

The act removes the requirement that the Division of Child Support Enforcement (DCSE) respond within five days and use automated administrative enforcement in interstate cases. Cooperation by person receiving assistance from a program funded pursuant to Part A or Part E of the Social Security Act, Title XIX of the Social Security Act or the Food Stamp Act, in cases involving the establishment, enforcement or modification of child support shall be determined by DCSE. A party ordered to make child support payments pursuant to the child support enforcement laws may receive a summary of the expenses paid on behalf of the child.

Parties to a paternity or child support proceeding must file identifying information with the State Case Registry instead of court. Listed address information shall be deemed valid if other diligent efforts to locate a party fail, including service by publication and certified mail to the last known address.

DCSE may use all sources of information and available records to determine the location of any child or parent regarding unlawful taking of a child, child custody or visitation purposes, except in cases involving domestic violence. All penalties applicable to a party not paying child support also applicable to a party denying or interfering with custody or parenting time.

Retirement benefits of state employees shall be considered income for purposes of child support enforcement. Credit for direct and in kind support to the custodial parent shall be allowed upon affidavit of custodial parent alone. Child support may be redirected to state agency when court places custody of a child with that agency. Any order of the Director of DCSE may be filed in the county where the dissolution or paternity judgment was entered, or if no such judgment was entered, where the parent or child resides or the county where the support order was filed. The act removes the prerequisite that a child receive assistance under Part IV-A of the Social Security Act before a plan for work activity can be ordered. No garnishment or withholding order shall be levied or maintained against a party whose child support obligation has been fulfilled or brought to term, unless by voluntary agreement or court order. The burden of proving noncompliance is on the Division of Child Support Enforcement.

The effective date of the act is January 1, 1999.
JOAN GUMMELS