Judgments presumed to be paid, when--presumption, howrebutted--inclusion in the automated child support system.
516.350. 1. Every judgment, order or decree of any court of record ofthe United States, or of this or any other state, territory or country, exceptfor any judgment, order, or decree awarding child support or maintenance ordividing pension, retirement, life insurance, or other employee benefits inconnection with a dissolution of marriage, legal separation or annulment whichmandates the making of payments over a period of time or payments in thefuture, shall be presumed to be paid and satisfied after the expiration of tenyears from the date of the original rendition thereof, or if the same has beenrevived upon personal service duly had upon the defendant or defendantstherein, then after ten years from and after such revival, or in case apayment has been made on such judgment, order or decree, and duly entered uponthe record thereof, after the expiration of ten years from the last payment somade, and after the expiration of ten years from the date of the originalrendition or revival upon personal service, or from the date of the lastpayment, such judgment shall be conclusively presumed to be paid, and noexecution, order or process shall issue thereon, nor shall any suit bebrought, had or maintained thereon for any purpose whatever. An action toemancipate a child, and any personal service or order rendered thereon, shallnot act to revive the support order.
2. In any judgment, order, or decree awarding child support ormaintenance, each periodic payment shall be presumed paid and satisfied afterthe expiration of ten years from the date that periodic payment is due, unlessthe judgment has been otherwise revived as set out in subsection 1 of thissection. This subsection shall take effect as to all such judgments, orders,or decrees which have not been presumed paid pursuant to subsection 1 of thissection as of August 31, 1982.
3. In any judgment, order, or decree dividing pension, retirement, lifeinsurance, or other employee benefits in connection with a dissolution ofmarriage, legal separation or annulment, each periodic payment shall bepresumed paid and satisfied after the expiration of ten years from the datethat periodic payment is due, unless the judgment has been otherwise revivedas set out in subsection 1 of this section. This subsection shall take effectas to all such judgments, orders, or decrees which have not been presumed paidpursuant to subsection 1 of this section as of August 28, 2001.
4. In any judgment, order or decree awarding child support ormaintenance, payment duly entered on the record as provided in subsection 1 ofthis section shall include recording of payments or credits in the automatedchild support system created pursuant to chapter 454, RSMo, by the division ofchild support enforcement or payment center pursuant to chapter 454, RSMo.
(1982) Periodic child support judgments that have not been adjudicated to have lapsed are not "presumed paid" within the meaning of this section. In re Marriage of Holt (Mo.banc), 635 S.W.2d 335.
(1984) Change in statutory period of limitation excludes from the ten year bar any judgment awarding maintenance payments over a period of time, renewed former wife's maintenance judgment for all sums falling due after the effective date of the statute. Walls v. Walls (Mo.App.), 673 S.W.2d 450.
Judgments presumed to be paid, when--presumption, howrebutted--inclusion in the automated child support system.
516.350. 1. Every judgment, order or decree of any court of record ofthe United States, or of this or any other state, territory or country, exceptfor any judgment, order, or decree awarding child support or maintenance ordividing pension, retirement, life insurance, or other employee benefits inconnection with a dissolution of marriage, legal separation or annulment whichmandates the making of payments over a period of time or payments in thefuture, shall be presumed to be paid and satisfied after the expiration of tenyears from the date of the original rendition thereof, or if the same has beenrevived upon personal service duly had upon the defendant or defendantstherein, then after ten years from and after such revival, or in case apayment has been made on such judgment, order or decree, and duly entered uponthe record thereof, after the expiration of ten years from the last payment somade, and after the expiration of ten years from the date of the originalrendition or revival upon personal service, or from the date of the lastpayment, such judgment shall be conclusively presumed to be paid, and noexecution, order or process shall issue thereon, nor shall any suit bebrought, had or maintained thereon for any purpose whatever. An action toemancipate a child, and any personal service or order rendered thereon, shallnot act to revive the support order.
2. In any judgment, order, or decree awarding child support ormaintenance, each periodic payment shall be presumed paid and satisfied afterthe expiration of ten years from the date that periodic payment is due, unlessthe judgment has been otherwise revived as set out in subsection 1 of thissection. This subsection shall take effect as to all such judgments, orders,or decrees which have not been presumed paid pursuant to subsection 1 of thissection as of August 31, 1982.
3. In any judgment, order, or decree dividing pension, retirement, lifeinsurance, or other employee benefits in connection with a dissolution ofmarriage, legal separation or annulment, each periodic payment shall bepresumed paid and satisfied after the expiration of ten years from the datethat periodic payment is due, unless the judgment has been otherwise revivedas set out in subsection 1 of this section. This subsection shall take effectas to all such judgments, orders, or decrees which have not been presumed paidpursuant to subsection 1 of this section as of August 28, 2001.
4. In any judgment, order or decree awarding child support ormaintenance, payment duly entered on the record as provided in subsection 1 ofthis section shall include recording of payments or credits in the automatedchild support system created pursuant to chapter 454, RSMo, by the division ofchild support enforcement or payment center pursuant to chapter 454, RSMo.
(1982) Periodic child support judgments that have not been adjudicated to have lapsed are not "presumed paid" within the meaning of this section. In re Marriage of Holt (Mo.banc), 635 S.W.2d 335.
(1984) Change in statutory period of limitation excludes from the ten year bar any judgment awarding maintenance payments over a period of time, renewed former wife's maintenance judgment for all sums falling due after the effective date of the statute. Walls v. Walls (Mo.App.), 673 S.W.2d 450.
Judgments presumed to be paid, when--presumption, howrebutted--inclusion in the automated child support system.
516.350. 1. Every judgment, order or decree of any court of record ofthe United States, or of this or any other state, territory or country, exceptfor any judgment, order, or decree awarding child support or maintenance ordividing pension, retirement, life insurance, or other employee benefits inconnection with a dissolution of marriage, legal separation or annulment whichmandates the making of payments over a period of time or payments in thefuture, shall be presumed to be paid and satisfied after the expiration of tenyears from the date of the original rendition thereof, or if the same has beenrevived upon personal service duly had upon the defendant or defendantstherein, then after ten years from and after such revival, or in case apayment has been made on such judgment, order or decree, and duly entered uponthe record thereof, after the expiration of ten years from the last payment somade, and after the expiration of ten years from the date of the originalrendition or revival upon personal service, or from the date of the lastpayment, such judgment shall be conclusively presumed to be paid, and noexecution, order or process shall issue thereon, nor shall any suit bebrought, had or maintained thereon for any purpose whatever. An action toemancipate a child, and any personal service or order rendered thereon, shallnot act to revive the support order.
2. In any judgment, order, or decree awarding child support ormaintenance, each periodic payment shall be presumed paid and satisfied afterthe expiration of ten years from the date that periodic payment is due, unlessthe judgment has been otherwise revived as set out in subsection 1 of thissection. This subsection shall take effect as to all such judgments, orders,or decrees which have not been presumed paid pursuant to subsection 1 of thissection as of August 31, 1982.
3. In any judgment, order, or decree dividing pension, retirement, lifeinsurance, or other employee benefits in connection with a dissolution ofmarriage, legal separation or annulment, each periodic payment shall bepresumed paid and satisfied after the expiration of ten years from the datethat periodic payment is due, unless the judgment has been otherwise revivedas set out in subsection 1 of this section. This subsection shall take effectas to all such judgments, orders, or decrees which have not been presumed paidpursuant to subsection 1 of this section as of August 28, 2001.
4. In any judgment, order or decree awarding child support ormaintenance, payment duly entered on the record as provided in subsection 1 ofthis section shall include recording of payments or credits in the automatedchild support system created pursuant to chapter 454, RSMo, by the division ofchild support enforcement or payment center pursuant to chapter 454, RSMo.
(1982) Periodic child support judgments that have not been adjudicated to have lapsed are not "presumed paid" within the meaning of this section. In re Marriage of Holt (Mo.banc), 635 S.W.2d 335.
(1984) Change in statutory period of limitation excludes from the ten year bar any judgment awarding maintenance payments over a period of time, renewed former wife's maintenance judgment for all sums falling due after the effective date of the statute. Walls v. Walls (Mo.App.), 673 S.W.2d 450.
