452.315. 1. In a proceeding for dissolution of marriage or legalseparation, either party may move for temporary maintenance and fortemporary support for each child entitled to support. The motion shall beaccompanied by an affidavit setting forth the factual basis for the motionand the amounts requested. In a proceeding for disposition of property,maintenance or support following the dissolution of the marriage by a courtwhich lacked personal jurisdiction over the absent spouse, either party maymove for maintenance and for support of each child entitled to support.This motion shall be accompanied by an affidavit setting forth the factualbasis for the motion and the amounts requested. This motion and theaffidavit shall be served as though an original pleading upon the oppositeparty.
2. As a part of a motion for temporary maintenance or support or byindependent motion accompanied by affidavit, either party may request thecourt to issue an order after notice and hearing:
(1) Restraining any person from transferring, encumbering,concealing, or in any way disposing of any property except in the usualcourse of business or for the necessities of life and, if so restrained,requiring the person to notify the moving party of any proposedextraordinary expenditures and to account to the court for allextraordinary expenditures made after the order is issued;
(2) Enjoining a party from harassing, abusing, molesting ordisturbing the peace of the other party or of any child;
(3) Excluding a party from the family home or from the home of theother party upon a showing that physical or emotional harm would otherwiseresult;
(4) Establishing and ordering compliance with a custody order andproviding for the support of each child.
3. The court may issue a restraining order only if it finds on theevidence that irreparable injury would result to the moving party if anorder is not issued until the time for answering has elapsed.
4. An answer may be filed within ten days after service of notice ofmotion or at the time specified in the restraining order.
5. On the basis of the showing made and in conformity with section452.335 on maintenance and section 452.340 on support, the court may issuea temporary injunction and an order for temporary maintenance or support insuch amounts and on such terms as are just and proper in the circumstances.
6. A restraining order or temporary injunction:
(1) Does not prejudice the rights of the parties or the child whichare to be adjudicated at subsequent hearings in the proceedings;
(2) May be revoked or modified prior to final judgment on a showingby affidavit of the facts necessary to revocation or modification of afinal judgment pursuant to section 452.370; and
(3) Terminates when the final judgment is entered or when thepetition for dissolution or legal separation is voluntarily dismissed.
7. The court shall enter a temporary order requiring the provision ofchild support pending the final judicial determination if there is clearand convincing evidence establishing a presumption of paternity pursuant tosection 210.822, RSMo. In determining the amount of child support, thecourt shall consider the factors set forth in section 452.340.
8. Any order entered in modification or vacation of any temporaryorder entered pursuant to this section may be retroactive to the date ofentry of the original temporary order.
452.315. 1. In a proceeding for dissolution of marriage or legalseparation, either party may move for temporary maintenance and fortemporary support for each child entitled to support. The motion shall beaccompanied by an affidavit setting forth the factual basis for the motionand the amounts requested. In a proceeding for disposition of property,maintenance or support following the dissolution of the marriage by a courtwhich lacked personal jurisdiction over the absent spouse, either party maymove for maintenance and for support of each child entitled to support.This motion shall be accompanied by an affidavit setting forth the factualbasis for the motion and the amounts requested. This motion and theaffidavit shall be served as though an original pleading upon the oppositeparty.
2. As a part of a motion for temporary maintenance or support or byindependent motion accompanied by affidavit, either party may request thecourt to issue an order after notice and hearing:
(1) Restraining any person from transferring, encumbering,concealing, or in any way disposing of any property except in the usualcourse of business or for the necessities of life and, if so restrained,requiring the person to notify the moving party of any proposedextraordinary expenditures and to account to the court for allextraordinary expenditures made after the order is issued;
(2) Enjoining a party from harassing, abusing, molesting ordisturbing the peace of the other party or of any child;
(3) Excluding a party from the family home or from the home of theother party upon a showing that physical or emotional harm would otherwiseresult;
(4) Establishing and ordering compliance with a custody order andproviding for the support of each child.
3. The court may issue a restraining order only if it finds on theevidence that irreparable injury would result to the moving party if anorder is not issued until the time for answering has elapsed.
4. An answer may be filed within ten days after service of notice ofmotion or at the time specified in the restraining order.
5. On the basis of the showing made and in conformity with section452.335 on maintenance and section 452.340 on support, the court may issuea temporary injunction and an order for temporary maintenance or support insuch amounts and on such terms as are just and proper in the circumstances.
6. A restraining order or temporary injunction:
(1) Does not prejudice the rights of the parties or the child whichare to be adjudicated at subsequent hearings in the proceedings;
(2) May be revoked or modified prior to final judgment on a showingby affidavit of the facts necessary to revocation or modification of afinal judgment pursuant to section 452.370; and
(3) Terminates when the final judgment is entered or when thepetition for dissolution or legal separation is voluntarily dismissed.
7. The court shall enter a temporary order requiring the provision ofchild support pending the final judicial determination if there is clearand convincing evidence establishing a presumption of paternity pursuant tosection 210.822, RSMo. In determining the amount of child support, thecourt shall consider the factors set forth in section 452.340.
8. Any order entered in modification or vacation of any temporaryorder entered pursuant to this section may be retroactive to the date ofentry of the original temporary order.
452.315. 1. In a proceeding for dissolution of marriage or legalseparation, either party may move for temporary maintenance and fortemporary support for each child entitled to support. The motion shall beaccompanied by an affidavit setting forth the factual basis for the motionand the amounts requested. In a proceeding for disposition of property,maintenance or support following the dissolution of the marriage by a courtwhich lacked personal jurisdiction over the absent spouse, either party maymove for maintenance and for support of each child entitled to support.This motion shall be accompanied by an affidavit setting forth the factualbasis for the motion and the amounts requested. This motion and theaffidavit shall be served as though an original pleading upon the oppositeparty.
2. As a part of a motion for temporary maintenance or support or byindependent motion accompanied by affidavit, either party may request thecourt to issue an order after notice and hearing:
(1) Restraining any person from transferring, encumbering,concealing, or in any way disposing of any property except in the usualcourse of business or for the necessities of life and, if so restrained,requiring the person to notify the moving party of any proposedextraordinary expenditures and to account to the court for allextraordinary expenditures made after the order is issued;
(2) Enjoining a party from harassing, abusing, molesting ordisturbing the peace of the other party or of any child;
(3) Excluding a party from the family home or from the home of theother party upon a showing that physical or emotional harm would otherwiseresult;
(4) Establishing and ordering compliance with a custody order andproviding for the support of each child.
3. The court may issue a restraining order only if it finds on theevidence that irreparable injury would result to the moving party if anorder is not issued until the time for answering has elapsed.
4. An answer may be filed within ten days after service of notice ofmotion or at the time specified in the restraining order.
5. On the basis of the showing made and in conformity with section452.335 on maintenance and section 452.340 on support, the court may issuea temporary injunction and an order for temporary maintenance or support insuch amounts and on such terms as are just and proper in the circumstances.
6. A restraining order or temporary injunction:
(1) Does not prejudice the rights of the parties or the child whichare to be adjudicated at subsequent hearings in the proceedings;
(2) May be revoked or modified prior to final judgment on a showingby affidavit of the facts necessary to revocation or modification of afinal judgment pursuant to section 452.370; and
(3) Terminates when the final judgment is entered or when thepetition for dissolution or legal separation is voluntarily dismissed.
7. The court shall enter a temporary order requiring the provision ofchild support pending the final judicial determination if there is clearand convincing evidence establishing a presumption of paternity pursuant tosection 210.822, RSMo. In determining the amount of child support, thecourt shall consider the factors set forth in section 452.340.
8. Any order entered in modification or vacation of any temporaryorder entered pursuant to this section may be retroactive to the date ofentry of the original temporary order.
