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Section: 452.0341 Obligor may request affidavit, when--cause of action for failure to execute, when--false affidavit, penalty. RSMO 452.341


Published: 2015

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Missouri Revised Statutes













Chapter 452

Dissolution of Marriage, Divorce, Alimony and Separate Maintenance

←452.340

Section 452.341.1

452.342→

August 28, 2015

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

452.341. 1. Any person obligated under a judgment or order of a court to

make installment payments of child support or spousal support may request

from the person entitled to such support payments an affidavit attesting to

the fact that the obligor is current in such support payments and that there

are, on the date that the request is made, no installment payments due and

unpaid. Upon such request by an obligor, any person entitled to child

support or spousal support shall execute an affidavit as required by this

section.



2. No affidavit shall be required to be executed if any installment of

the obligor's support obligation is due or unpaid on the date that the

request is made. If, however, any obligor who is current in payment of

support obligations makes a request for a statement of that fact under this

section and the person entitled to such support payment refuses or fails to

execute the affidavit required by this section within ten days of the

request, the obligor shall have a cause of action against such person for any

damages caused by such failure or refusal and may, in addition to such cause

of action, petition a court of competent jurisdiction to order the person

entitled to the support obligation to execute the affidavit. Any person who

executes a false affidavit under this section commits a class A misdemeanor

as provided in section 575.050.



(L. 1986 H.B. 1479)







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