211.241. Court orders to parents for support of children, procedure — county to support, when. — 1. When the juvenile court finds a child to be within the purview of applicable provisions of section 211.031 it may in the same or subsequent proceedings, either on its own motion or upon the application of any person, institution or agency having the custody of such child, proceed to inquire into the ability of the parent of the child to support it or to contribute to its support. If the parent does not voluntarily appear for the proceeding, he shall be summoned in the same manner as in civil cases and the summons in the case may issue to any county of the state.
2. If the court finds that the parent is able to support the child or to contribute to its support, the court may enter an order requiring the parent to support the child or to contribute to its support and to pay the costs of collecting the judgment.
3. The court may enforce the order by execution and the execution may issue on request of the juvenile officer or any person, agency or institution which has been awarded custody of the child. No deposit or bond for costs shall be required as a condition for the issuance or service of the execution. No property is exempt from execution upon a judgment or decree made under this section, and all wages or other sums due the parent is subject to garnishment or execution in any proceedings under this section.
4. Otherwise the necessary support of the child shall, unless the court commits the child to a person or institution willing to receive it without charge, be paid out of the funds of the county but only upon approval of the judge of the juvenile court.
Notes of Decisions
Cited in
9
cases (
1 in the last 5 years), 1970–2021 · leading case:
Miller v. Russell, 593 S.W.2d 598 (Mo. Ct. App. 1979).
Miller v. Russell, 593 S.W.2d 598 (Mo. Ct. App. 1979).
· cites it 22× “At issue is the authority and jurisdiction of the juvenile division of the circuit court under Section 211.241, 1 RSMo 1978 2 to determine paternity incident to assessment of financial responsibility for support of a child.”
Matter of Trapp, 593 S.W.2d 193 (Mo. 1980).
· cites it 10× “On May 30, 1978, appellant filed a motion challenging the validity of the support order of February 27, 1973, alleging that the support order exceeded the juvenile court's jurisdiction under § 211.241, RSMo 1978 and violated the due process clause of the fourteenth amendment to…”
In Re Marriage of Denton, 169 S.W.3d 604 (Mo. Ct. App. 2005).
· cites it 4× “This authority is derived from § 211.241, which states, in pertinent part, as follows: 1.”
Dunn v. Dunn, 620 S.W.2d 46 (Mo. Ct. App. 1981).
· cites it 2× “” With respect to whether he was “legally required” to support his child, Dunn makes the argument that the requirement for support does not mature until his responsibility has been reduced to a court order under Section 211.241. No authority has been cited by Dunn for that…”
Gremli v. J.J.S., 845 S.W.2d 140 (Mo. Ct. App. 1993).
· cites it 8× “The trial court’s order was authorized by § 211.241, RSMo 1986, which provides: 1. When the juvenile court finds a child to be within the purview of applicable provisions of section 211.”
Helms ex rel. HeLms v. Juv. Officer of Clay Cnty., 450 S.W.2d 480 (Mo. Ct. App. 1970).
· cites it 4× “182 (April 11, 1967) it is stated, in part, as follows : “Under Section 211.241, RSMo., the court may, either on its own motion or upon application of any person, institution or agency having custody of such child, inquire into the ability of the parent to support or contribute…”
K.D.R. v. D.E.S., 637 S.W.2d 691 (Mo. 1982).
“The Court is cognizant of the ruling in Miller , that an alleged putative father is *695 not entitled to a jury determination of his paternity when the issue arises under the juvenile code, Chapter 211, RSMo 1978, because the right to jury trial on this matter is purely…”
Kdr v. Des, 637 S.W.2d 691 (Mo. 1982).
“The Court is cognizant of the ruling in Miller , that an alleged putative father is *695 not entitled to a jury determination of his paternity when the issue arises under the juvenile code, Chapter 211, RSMo 1978, because the right to jury trial on this matter is purely…”
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