Hecht v. Hecht

Missouri Court of Appeals, Eastern District · Family Law

Family LawChild SupportStatutory InterpretationJurisdictionchild supportcustody decreemodificationbond requirement

Facts

After prior modification judgments awarded Husband custody and required Wife to pay child support, Wife stopped paying regular support after losing her job in 2004 and eventually owed more than $40,000 in arrears. In 2007, Wife filed a motion to modify seeking a reduction in her child support obligation based on decreased income, increased income of Husband, and emancipation of two children. Husband moved to dismiss, arguing that because Wife owed more than $10,000 in past-due support she had to post a bond under RSMo. § 452.455.4 before filing. The trial court granted Wife's support-modification motion and denied Husband's dismissal motion.

Issue

Does RSMo. § 452.455.4 require a parent who owes more than $10,000 in past-due child support to post a bond before filing a motion that seeks only modification of child support? If not, did Wife's failure to post such a bond deprive the trial court of jurisdiction or jurisdictional competence?

Rule

Under the plain language of RSMo. § 452.455.4, the bond requirement applies only when a person files a petition for modification of a child custody decree and owes more than $10,000 in past-due child support. Because the statutory definitions of "custody decree" and "custody determination" exclude decisions relating to child support or other monetary obligations, the statute does not apply to petitions seeking only modification of child support obligations.

🔒

See the holding & full analysis

Create a free KwikCourt account to unlock the rest of this brief — and practice the case.

The court's holding and reasoning
Doctrine tests, pitfalls & exam hypotheticals
10 practice questions + 4 AI-graded essays on this case

Free sample · practice this case

Test yourself

One of 10 multiple-choice questions for this case. Pick an answer to see why.

In St. Louis, Dana Mercer owes $18,000 in past-due child support to her former spouse, Leo Turner. After losing one of her two jobs, Dana files a motion seeking only to reduce her monthly child support obligation; she does not ask to change custody or visitation.

Must Dana post a bond under Section 452.455.4 before filing her motion?

Explanation. The majority opinion held that Section 452.455.4 applies only when a person files a petition to modify a child custody decree and owes more than $10,000 in past-due child support. A request concerning only child support is not a request to modify a custody decree because the statutory definition of custody determination excludes child support and other monetary obligations. Dana seeks only support modification, so no bond is required.