Section 452.341

Title XXX DOMESTIC RELATIONS

Chapter 452

Effective - 28 Aug 1986   

  452.341.  Obligor may request affidavit, when — cause of action for failure to execute, when — false affidavit, penalty. — 1.  Any person obligated under a judgment or order of a court to make installment payments of child support or spousal support may request from the person entitled to such support payments an affidavit attesting to the fact that the obligor is current in such support payments and that there are, on the date that the request is made, no installment payments due and unpaid.  Upon such request by an obligor, any person entitled to child support or spousal support shall execute an affidavit as required by this section.

  2.  No affidavit shall be required to be executed if any installment of the obligor's support obligation is due or unpaid on the date that the request is made.  If, however, any obligor who is current in payment of support obligations makes a request for a statement of that fact under this section and the person entitled to such support payment refuses or fails to execute  the affidavit required by this section within ten days of the request, the obligor shall have a cause of action against such person for any damages caused by such failure or refusal and may, in addition to such cause of action, petition a court of competent jurisdiction to order the person entitled to the support obligation to execute the affidavit.  Any person who executes a false affidavit under this section commits a class A misdemeanor as provided in section 575.050.

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(L. 1986 H.B. 1479)