453.400. Stepparent required to support stepchild--recovery from natural or adoptive parent, when--stepparent's income considered in aid to dependent children.
Stepparent required to support stepchild--recovery from natural oradoptive parent, when--stepparent's income considered in aid todependent children.
453.400. 1. A stepparent shall support his or her stepchildto the same extent that a natural or adoptive parent is requiredto support his or her child so long as the stepchild is living inthe same home as the stepparent. However, nothing in thissection shall be construed as abrogating or in any waydiminishing the duty a parent otherwise would have to providechild support, and no court shall consider the income of astepparent, or the amount actually provided for a stepchild by astepparent, in determining the amount of child support to be paidby a natural or adoptive parent.
2. A natural or adoptive parent shall be liable to astepparent for the sum of money expended by a stepparent for thesupport of a stepchild when that sum of money was expendedbecause of the neglect or refusal of* the natural or adoptiveparent to pay any part of or all of the court-ordered amount ofsupport.
3. This section shall not abrogate or diminish the commonlaw right which a stepparent may possess to recover from anatural or adoptive parent the expense of providing necessariesfor a stepchild in the absence of a court order for child supportdetermining the amount of support to be paid by a natural oradoptive parent.
4. This section shall not be construed as granting to astepparent any right to the care and custody of a stepchild or asgranting a stepchild any right to inherit from a stepparent underthe general statutory laws governing descent and distribution.
5. This section shall apply without regard to whether publicassistance is being provided on behalf of the stepchild orstepchildren in question.
6. This section shall be construed to apply only to supportobligations incurred on or after July 1, 1977, notwithstandingthat a marriage giving rise to the support obligation occurredprior to July 1, 1977.
7. With respect to section 208.040, RSMo, this section shallnot be construed to render a child ineligible for publicassistance on the basis of the child's not being deprived ofparental support, but it shall be construed to permit theinclusion of the income of a stepparent in the determination ofeligibility for benefits and in the determination of the amountof the assistance payment.
8. In the determination of eligibility for benefits and inthe determination of the amount of the assistance payment undersection 208.150, RSMo, that portion of the stepparent's income,as defined by the division of family services in theadministration of aid to families with dependent children, shallbe considered.
(L. 1977 H.B. 601 § 3, A.L. 1982 H.B. 1462)Effective 2-16-82
*Word "or" appears in original rolls.