Mo. Rev. Stat. » Chapter 452
Missouri Revised Statutes

Mo. Rev. Stat. § 452.315 (2026)

Authorized motions

✓ current as of May 2026
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  452.315.  Authorized motions — restraining order, when, answer, when due, effect of — child support, temporary order, when, amount. — 1.  In a proceeding for dissolution of marriage or legal separation, either party may move for temporary maintenance and for temporary support for each child entitled to support.  The motion shall be accompanied by an affidavit setting forth the factual basis for the motion and the amounts requested.  In a proceeding for disposition of property, maintenance or support following the dissolution of the marriage by a court which lacked personal jurisdiction over the absent spouse, either party may move for maintenance and for support of each child entitled to support.  This motion shall be accompanied by an affidavit setting forth the factual basis for the motion and the amounts requested.  This motion and the affidavit shall be served as though an original pleading upon the opposite party.

  2.  As a part of a motion for temporary maintenance or support or by independent motion accompanied by affidavit, either party may request the court 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 usual course of business or for the necessities of life and, if so restrained, requiring the person to notify the moving party of any proposed extraordinary expenditures and to account to the court for all extraordinary expenditures made after the order is issued;

  (2)  Enjoining a party from harassing, abusing, molesting or disturbing the peace of the other party or of any child;

  (3)  Excluding a party from the family home or from the home of the other party upon a showing that physical or emotional harm would otherwise result;

  (4)  Establishing and ordering compliance with a custody order and providing for the support of each child.

  3.  The court may issue a restraining order only if it finds on the evidence that irreparable injury would result to the moving party if an order is not issued until the time for answering has elapsed.

  4.  An answer may be filed within ten days after service of notice of motion or at the time specified in the restraining order.

  5.  On the basis of the showing made and in conformity with section 452.335 on maintenance and section 452.340 on support, the court may issue a temporary injunction and an order for temporary maintenance or support in such 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 which are to be adjudicated at subsequent hearings in the proceedings;

  (2)  May be revoked or modified prior to final judgment on a showing by affidavit of the facts necessary to revocation or modification of a final judgment pursuant to section 452.370; and

  (3)  Terminates when the final judgment is entered or when the petition for dissolution or legal separation is voluntarily dismissed.

  7.  The court shall enter a temporary order requiring the provision of child support pending the final judicial determination if there is clear and convincing evidence establishing a presumption of paternity pursuant to section 210.822.  In determining the amount of child support, the court shall consider the factors set forth in section 452.340.

  8.  Any order entered in modification or vacation of any temporary order entered pursuant to this section may be retroactive to the date of entry of the original temporary order.

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(L. 1973 H.B. 315 § 4, A.L. 1997 S.B. 361, A.L. 1998 S.B. 910)

Notes of Decisions
Cited in 52 cases (2 in the last 5 years), 1977–2021 · leading case: Archdekin v. Archdekin, 562 S.W.3d 298 (Mo. 2018).
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Archdekin v. Archdekin, 562 S.W.3d 298 (Mo. 2018). · cites it 8× “335 only speaks prospectively, the court may order maintenance to commence at a date prior to the final dissolution when a party has moved for temporary maintenance under section 452.315. Turner v. Turner , 214 S.”
Colquitt v. Muhammad, 86 S.W.3d 144 (Mo. Ct. App. 2002). · cites it 8× “However, section 452.315, which governs awards of temporary maintenance, has been interpreted to allow a retroactive award of temporary maintenance, unless waived, tó the date the motion for temporary maintenance was filed.”
Laubinger v. Laubinger, 5 S.W.3d 166 (Mo. Ct. App. 1999). · cites it 7× “In her suggestions in support of this motion, filed on May 4, 1998, she alleged that the trial court had used an improper version of Form 14 to calculate the correct amount of child support and that a factual dispute existed as to the true amount of the parties’ respective gross…”
In Re Marriage of Burris, 557 S.W.2d 917 (Mo. Ct. App. 1977). · cites it 5× “Arguing that Section 452.315(1) RSMo 1969 was not complied with, he urges that the trial court order as to “back support” be reversed.”
Roedel v. Roedel, 788 S.W.2d 788 (Mo. Ct. App. 1990). · cites it 5× “Husband next asserts error in the award of retroactive temporary maintenance as violative of sections 452.315 and 452.335 RSMo.1986. Section 452.”
Graves v. Graves, 967 S.W.2d 632 (Mo. Ct. App. 1998). · cites it 5× “to entertain a motion for temporary maintenance pending appeal in such amounts and on such terms as are just and proper in the circumstances authorized by § 452.315.” Coleberd v. Coleberd, 938 S.W.”
Landoll by Landoll v. Dovell, 752 S.W.2d 323 (Mo. 1988). · cites it 7× “1973), that orders pendente lite are authorized for child support in matters of dissolution of marriage, Section 452.315, RSMo 1986, and that principles of equal protection, U.”
In Re the Marriage of Deatherage, 595 S.W.2d 36 (Mo. Ct. App. 1980). · cites it 4× “, authorizing restraining orders, temporary injunctions and orders for temporary maintenance and support, in subsection 6(2) expressly provides that restraining orders and temporary injunctions may be revoked or modified prior to final decree upon the same basis as the…”
Coleman v. Coleman, 318 S.W.3d 715 (Mo. Ct. App. 2010). · cites it 4× “Under Section 452.315, a temporary maintenance award is made in conformity with Section 452.”
Wakili v. Wakili, 918 S.W.2d 332 (Mo. Ct. App. 1996). · cites it 4× “Section 452.315, RSMo (1986) grants a trial court authority to order temporary maintenance in a “proceeding for dissolution of marriage.”
State ex rel. Thomas v. Kelly, 631 S.W.2d 685 (Mo. Ct. App. 1982). · cites it 6× “Section 452.315 is the authority for temporary maintenance which can be granted in response to a motion by either party.”
Stock v. Stock, 158 S.W.3d 284 (Mo. Ct. App. 2005). · cites it 5× “1 permits a trial court to award temporary maintenance upon motion by a party to a pending action for dissolution of marriage. Temporary maintenance “may be retroactive to the date of entry of the original temporary order.”
Show all 52 citing cases →
Mo. Rev. Stat. § 452.315(1): 5 cases
In Re Marriage of Burris, 557 S.W.2d 917 (Mo. Ct. App. 1977). “Arguing that Section 452.315(1) RSMo 1969 was not complied with, he urges that the trial court order as to “back support” be reversed.”
In Re Marriage of Gillett, 762 S.W.2d 525 (Mo. Ct. App. 1988).
Marriage of C.M.D. v. J.R.D., 710 S.W.2d 474 (Mo. Ct. App. 1986).
Hoskins v. Hoskins, 833 S.W.2d 20 (Mo. Ct. App. 1992).
Cmd v. Jrd, 710 S.W.2d 474 (Mo. Ct. App. 1986).
Mo. Rev. Stat. § 452.315(3): 1 case
Ex parte Giangreco v. Stanton, 637 S.W.2d 749 (Mo. Ct. App. 1982).
Mo. Rev. Stat. § 452.315(5): 2 cases
Butler v. Butler, 672 S.W.2d 742 (Mo. Ct. App. 1984).
Butler v. Butler, 698 S.W.2d 550 (Mo. Ct. App. 1985).
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