The order on my case is a judicial order entered by a Missouri court. My child no longer meets requirements for current support to continue. What do I do?
If your child support order was entered by a Missouri court, Missouri statute requires that you file an affidavit or sworn statement with the court that entered the support order. (Subsection 452.340.12, RSMo) Download the court form, Affidavit for Termination of Child Support form (CS 95), from the Office of State Courts Administrator’s website.
Circuit court clerks cannot provide assistance in completing forms. Contact the circuit clerk's office in the county where your order was entered for information on any required fees, deposits or local court rule procedures for the affidavit process.
FSD does not have authority to file your affidavit or take action to terminate the current child support obligation entered by the court.
If you file your affidavit with the proper court and that filing results in termination of the child support obligation for the above–named child, you should notify FSD immediately so FSD can adjust its records.
The order on my case is an administrative order entered by FSD. My child no longer meets requirements for current support to continue. What do I do?
Complete the Affidavit for Termination of Child Support/Administrative Order. Once you complete the Affidavit, mail it to FSD at PO Box 6790, Jefferson City, MO 65102–6790. FSD staff are not attorneys and therefore, not able to advise you on how to complete the Affidavit.
If the custodian owed support submits the Affidavit, the custodian must mail a copy of the Affidavit to the parent ordered to pay support in addition to sending the original affidavit to FSD. Upon receiving the Affidavit from a custodian, FSD will end the current support obligation for the child, but continue efforts to collect any past–due or other support owed under the order.
If this Affidavit is filed by the parent ordered to pay support, FSD will mail a copy to the custodian owed support.
What happens after I file the Affidavit with FSD?
When the parent paying support files the Affidavit, FSD will mail the Affidavit to the custodian owed support. The custodian owed support has 30 calendar days to respond by:
- Agreeing that current support should no longer continue for the child. If the custodian agrees, the obligation is deemed terminated under Missouri law. FSD will continue efforts to collect any past–due or other support owed.
- Disagreeing that current support should no longer continue for the child. If the custodian disagrees, FSD will refer the matter to the Division of Legal Services for an administrative hearing to determine if current support should continue.
- Failing to respond. If the custodian does not respond, the child support obligation is deemed terminated under Missouri law. FSD will continue efforts to collect any past–due or other support owed.
Once an FSD–entered support obligation is terminated, FSD will not reinstate the support obligation.