452.344. Support obligations, bond or other guarantee to secure, when required, procedure — default, effect of. — 1. Upon entry of an order for support or division of property under this chapter or otherwise, or at any time the court finds any of the elements which constitute grounds for attachment under section 521.010, the court, by its own motion or that of a party or assignee of a party, may require that the obligor provide sufficient security, bond or other guarantee to secure the obligation to make support payments or to secure the division of property, conditioned that the obligor will pay all support payments as they come due, together with interest thereon, and will abide the orders of the court with respect to division of property.
2. The bond shall be filed with the clerk of the circuit court in the county where the order for support or division of property is filed, and the bond may be entered into before the clerk, if the court or judge entering the order for support or division of property shall first approve of the security.
3. The court, upon default in the condition of the bond, shall enter judgment against the obligors on the bond, according to the circumstances of the case, including interest or damages, and may award execution thereon, or otherwise enforce such judgment, according to the rules and practice of the court.
Notes of Decisions
Cited in
7
cases, 1985–2006 · leading case:
Forde v. Forde, 190 S.W.3d 521 (Mo. Ct. App. 2006).
Forde v. Forde, 190 S.W.3d 521 (Mo. Ct. App. 2006).
· cites it 6× “The trial court ordered Mother to carry health insurance for the children in the future. Finally, the trial court ordered Father to post a $50,000 bond to secure payment of the children’s college expenses and other child support as per Mo.”
Butler v. Butler, 698 S.W.2d 545 (Mo. Ct. App. 1985).
· cites it 3× “Wife observes that, subsequent to the trial court’s ordering the bond on February 21, 1984, without statutory authority to do so, the Missouri legislature enacted § 452.344 RSMo Cum.Supp.1984 specifically providing that the court on its own motion may require that an obligor,…”
Rodriguez v. Rodriguez, 975 S.W.2d 485 (Mo. Ct. App. 1998).
· cites it 13× “2 On October 3,1996, Wife filed a Motion for Order to Post Bond or for Other Security pursuant to section 452.344 RSMo 1994. 3 On November 12, 1996, Wife filed a Motion to Determine Liability, requesting the trial court to calculate the amount of child support in arrears and…”
Baker v. Welborn, 77 S.W.3d 711 (Mo. Ct. App. 2002).
“Father filed a motion to modify in which he sought change of custody of the parties’ children, child support and attorney fees. Mother filed a "Counter-Motion to Modify Child Support, Counter-Motion to Modify Visitation, and Counter-Motion to Require Posting of Bond Pursuant to…”
Hill v. Hill, 67 S.W.3d 659 (Mo. Ct. App. 2002).
· cites it 3× “In January 2001, wife filed a motion for guarantee to secure support obligation payments pursuant to section 452.344, RSMo (2000). In that motion, she requested that the trial court require husband to provide sufficient security for his support obligations under the decree of…”
Marriage of Gould v. Rafaeli, 822 S.W.2d 494 (Mo. Ct. App. 1991).
“Partial Summary Judgment Husband argues the antenuptial agreement is unconscionable and not binding under § 452.344 1 because of the parties’ economic disparity.”
Davis v. Hogue, 77 S.W.3d 61 (Mo. Ct. App. 2002).
· cites it 3× “Davis (“Child”) and the majority of Child’s physical custody to Sandra Hogue, the child’s mother, and in ordering Father to post a bond to secure child support payment pursuant to section 452.344 RSMo 2000. No jurisprudential purpose would be served by a written opinion reciting…”
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