Missouri Revised Statutes
Mo. Rev. Stat. § 452.365 (2026)
Party failing to comply with decree, effect of
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452.365. Party failing to comply with decree, effect of. — If a party fails to comply with a provision of a decree or temporary order or injunction, the obligation of the other party to make payments for support or maintenance or to permit visitation is not suspended but he may move the court to grant an appropriate order.
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(L. 1973 H.B. 315 § 14)
Effective 1-01-74
Notes of Decisions
Cited in 16
cases, 1976–2006 · leading case: Hart v. Hart, 539 S.W.2d 679 (Mo. Ct. App. 1976).
Hart v. Hart, 539 S.W.2d 679 (Mo. Ct. App. 1976). “415, subsection (1), it is expressly stated that if a party fails to comply with a provision of a decree the obligation of the other party to make payments for support is not suspended, but he may move for an appropriate order of the court.”
Wilson v. Sullivan, 922 S.W.2d 835 (Mo. Ct. App. 1996). “Father's motion for contempt specified it was being filed "in accordance with Section 452.365 RSMo," a general provision authorizing contempt actions against a party who fails to comply with a decree.”
Miller v. Miller, 184 S.W.3d 174 (Mo. Ct. App. 2006). “4, has declared it to be “the public policy of this state that frequent, continuing and meaningful contact with both parents” after dissolution of marriage “is in the best interest of the child.”
Walters v. Walters, 181 S.W.3d 135 (Mo. Ct. App. 2005). “Mother looks to section 452.365 5 to argue that the court erred when it abated Father’s child support obligation.”
Kessinger v. Kessinger, 829 S.W.2d 658 (Mo. Ct. App. 1992). “§ 452.365 RSMo 1986. Father’s failure to be current in payment of child support foreclosed him from abatement of child support under § 452.”
State ex rel. Williams v. Williams, 647 S.W.2d 590 (Mo. Ct. App. 1983). “Section 452.365, RSMo 1978. The remedy is by motion to the court for relief, but retroactive adjustment is not authorized.”
McDaniel v. McDaniel, 982 S.W.2d 729 (Mo. Ct. App. 1998). “Points I and II are denied. Mother’s thud point contends the trial court abused its discretion in ordering her to pay $2,000 of father’s attorney’s fees.”
Hibdon v. Hibdon, 589 S.W.2d 646 (Mo. Ct. App. 1979). “If that was, in fact, the ground for the court’s order for quashal it would have been improper because § 452.365, RSMo.1973 Supp., provides a debtor’s obligation to pay support or maintenance allowances is not suspended by the beneficiary’s failure to comply with the terms of…”
Hayes v. Reynolds, 579 S.W.2d 119 (Mo. Ct. App. 1979). “However, in this case we see no harmful effect by our dismissal of appeal, as the trial court’s order was obviously a proper application of § 452.365, RSMo 1969 to enforce its custody decree.”
In re the Marriage of Greene, 711 S.W.2d 557 (Mo. Ct. App. 1986). “Carl's exclusive remedy, if he felt that Patricia had failed to comply with the decree, was to move the trial court for an appropriate order, as is provided in § 452.365. [3] Such motion could propose a contempt citation, State ex rel.”
Saeuberlich v. Saeuberlich, 773 S.W.2d 170 (Mo. Ct. App. 1989). “§ 452.365, RSMo 1986; Cavins v. Cavins, 751 S.”
Taylor v. Taylor, 548 S.W.2d 866 (Mo. Ct. App. 1977). “Under § 452.365 the remedy for failure of either parent to comply with a court order would be to “move the court to grant an appropriate order”, such as an order to show cause why the offender should not be held in contempt.”
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