State Codes and Statutes

Statutes > Missouri > T30 > C452 > 452_341

Obligor may request affidavit, when--cause of action for failure toexecute, when--false affidavit, penalty.

452.341. 1. Any person obligated under a judgment or orderof a court to make installment payments of child support orspousal support may request from the person entitled to suchsupport payments an affidavit attesting to the fact that theobligor is current in such support payments and that there are,on the date that the request is made, no installment payments dueand unpaid. Upon such request by an obligor, any person entitledto child support or spousal support shall execute an affidavit asrequired by this section.

2. No affidavit shall be required to be executed if anyinstallment of the obligor's support obligation is due or unpaidon the date that the request is made. If, however, any obligorwho is current in payment of support obligations makes a requestfor a statement of that fact under this section and the personentitled to such support payment refuses or fails to execute theaffidavit required by this section within ten days of therequest, the obligor shall have a cause of action against suchperson for any damages caused by such failure or refusal and may,in addition to such cause of action, petition a court ofcompetent jurisdiction to order the person entitled to thesupport obligation to execute the affidavit. Any person whoexecutes a false affidavit under this section commits a class Amisdemeanor as provided in section 575.050, RSMo.

(L. 1986 H.B. 1479)

State Codes and Statutes

Statutes > Missouri > T30 > C452 > 452_341

Obligor may request affidavit, when--cause of action for failure toexecute, when--false affidavit, penalty.

452.341. 1. Any person obligated under a judgment or orderof a court to make installment payments of child support orspousal support may request from the person entitled to suchsupport payments an affidavit attesting to the fact that theobligor is current in such support payments and that there are,on the date that the request is made, no installment payments dueand unpaid. Upon such request by an obligor, any person entitledto child support or spousal support shall execute an affidavit asrequired by this section.

2. No affidavit shall be required to be executed if anyinstallment of the obligor's support obligation is due or unpaidon the date that the request is made. If, however, any obligorwho is current in payment of support obligations makes a requestfor a statement of that fact under this section and the personentitled to such support payment refuses or fails to execute theaffidavit required by this section within ten days of therequest, the obligor shall have a cause of action against suchperson for any damages caused by such failure or refusal and may,in addition to such cause of action, petition a court ofcompetent jurisdiction to order the person entitled to thesupport obligation to execute the affidavit. Any person whoexecutes a false affidavit under this section commits a class Amisdemeanor as provided in section 575.050, RSMo.

(L. 1986 H.B. 1479)


State Codes and Statutes

State Codes and Statutes

Statutes > Missouri > T30 > C452 > 452_341

Obligor may request affidavit, when--cause of action for failure toexecute, when--false affidavit, penalty.

452.341. 1. Any person obligated under a judgment or orderof a court to make installment payments of child support orspousal support may request from the person entitled to suchsupport payments an affidavit attesting to the fact that theobligor is current in such support payments and that there are,on the date that the request is made, no installment payments dueand unpaid. Upon such request by an obligor, any person entitledto child support or spousal support shall execute an affidavit asrequired by this section.

2. No affidavit shall be required to be executed if anyinstallment of the obligor's support obligation is due or unpaidon the date that the request is made. If, however, any obligorwho is current in payment of support obligations makes a requestfor a statement of that fact under this section and the personentitled to such support payment refuses or fails to execute theaffidavit required by this section within ten days of therequest, the obligor shall have a cause of action against suchperson for any damages caused by such failure or refusal and may,in addition to such cause of action, petition a court ofcompetent jurisdiction to order the person entitled to thesupport obligation to execute the affidavit. Any person whoexecutes a false affidavit under this section commits a class Amisdemeanor as provided in section 575.050, RSMo.

(L. 1986 H.B. 1479)