Effective - 28 Aug 2014
516.350. Judgments presumed to be paid, when — presumption, how rebutted — inclusion in the automated child support system — judgment for unpaid rent, revived by publication. — 1. Every judgment, order or decree of any court of record of the United States, or of this or any other state, territory or country, except for any judgment, order, or decree awarding child support or maintenance or dividing pension, retirement, life insurance, or other employee benefits in connection with a dissolution of marriage, legal separation or annulment which mandates the making of payments over a period of time or payments in the future, shall be presumed to be paid and satisfied after the expiration of ten years from the date of the original rendition thereof, or if the same has been revived upon personal service duly had upon the defendant or defendants therein, then after ten years from and after such revival, or in case a payment has been made on such judgment, order or decree, and duly entered upon the record thereof, after the expiration of ten years from the last payment so made, and after the expiration of ten years from the date of the original rendition or revival upon personal service, or from the date of the last payment, such judgment shall be conclusively presumed to be paid, and no execution, order or process shall issue thereon, nor shall any suit be brought, had or maintained thereon for any purpose whatever. An action to emancipate a child, and any personal service or order rendered thereon, shall not act to revive the support order.
2. In any judgment, order, or decree awarding child support or maintenance, each periodic payment shall be presumed paid and satisfied after the expiration of ten years from the date that periodic payment is due, unless the judgment has been otherwise revived as set out in subsection 1 of this section. This subsection shall take effect as to all such judgments, orders, or decrees which have not been presumed paid pursuant to subsection 1 of this section as of August 31, 1982.
3. In any judgment, order, or decree dividing pension, retirement, life insurance, or other employee benefits in connection with a dissolution of marriage, legal separation or annulment, each periodic payment shall be presumed paid and satisfied after the expiration of ten years from the date that periodic payment is due, unless the judgment has been otherwise revived as set out in subsection 1 of this section. This subsection shall take effect as to all such judgments, orders, or decrees which have not been presumed paid pursuant to subsection 1 of this section as of August 28, 2001.
4. In any judgment, order or decree awarding child support or maintenance, payment duly entered on the record as provided in subsection 1 of this section shall include recording of payments or credits in the automated child support system created pursuant to chapter 454 by the family support division or payment center pursuant to chapter 454.
5. Any judgment, order, or decree awarding unpaid rent may be revived upon publication consistent with the publication requirements of section 506.160 and need not be personally served on the defendant.
--------
(RSMo 1939 § 1038, A.L. 1982 S.B. 468, A.L. 1999 S.B. 291, A.L. 2001 S.B. 10, A.L. 2014 H.B. 1231 merged with H.B. 1299 Revision merged with S.B. 655)
Prior revisions: 1929 § 886; 1919 § 1341; 1909 § 1912
(1982) Periodic child support judgments that have not been adjudicated to have lapsed are not "presumed paid" within the meaning of this section. In re Marriage of Holt (Mo. banc), 635 S.W.2d 335.
(1984) Change in statutory period of limitation excludes from the ten year bar any judgment awarding maintenance payments over a period of time, renewed former wife's maintenance judgment for all sums falling due after the effective date of the statute. Walls v. Walls (Mo.App.), 673 S.W.2d 450.
Structure Missouri Revised Statutes
Title XXXV - Civil Procedure and Limitations
Chapter 516 - Statutes of Limitation
Section 516.010 - Actions for recovery of lands commenced, when.
Section 516.020 - Right of possession not affected by descent.
Section 516.030 - Disabilities — twenty-one years.
Section 516.040 - Possession of land under color of title, effect.
Section 516.050 - Limitation where person under disability dies.
Section 516.070 - Limitation where equitable title to land emanates from government.
Section 516.080 - When legal title has not emanated from the United States.
Section 516.090 - Statute not to extend to certain lands.
Section 516.095 - Action for breach of covenant restricting land use, barred, when.
Section 516.098 - Surveys of land error or omissions — action must be brought when.
Section 516.100 - Period of limitation prescribed.
Section 516.103 - No tolling by filing of administrative actions, certain suits.
Section 516.105 - Actions against health care and mental health providers (medical malpractice).
Section 516.110 - What action shall be commenced within ten years.
Section 516.120 - What actions within five years.
Section 516.130 - What actions within three years.
Section 516.140 - What actions within two years.
Section 516.145 - What actions within one year.
Section 516.150 - No action to foreclose mortgage after note barred.
Section 516.160 - In account current, when cause of action accrued.
Section 516.170 - May delay filing of action, when.
Section 516.180 - On death of person under disability, cause of action survives.
Section 516.190 - Limitations on actions originating in other states.
Section 516.210 - Time not to be computed during a war.
Section 516.220 - Not to apply to what.
Section 516.230 - Further savings in cases of nonsuits.
Section 516.240 - If defendant dies, when and against whom new suit to be brought.
Section 516.250 - Suit abated by death of plaintiff, when — when and by whom new suit brought.
Section 516.260 - Suit stayed by injunction, time not computed.
Section 516.270 - Disability not to avail, unless.
Section 516.280 - Limitation not to be extended by improper acts of defendant.
Section 516.290 - Effect of two or more existing disabilities.
Section 516.300 - Actions otherwise limited.
Section 516.310 - Demands against corporations.
Section 516.320 - Actions barred, only revived by written promise.
Section 516.330 - One joint debtor cannot revive a demand against other debtor.
Section 516.340 - Sections 516.320 and 516.330 construed.
Section 516.360 - Sections 516.010 to 516.370 to apply to the state as well as to private parties.
Section 516.370 - Limitation not to apply to setoffs, when.
Section 516.371 - Limitation on action for sexual contact by certain persons.
Section 516.380 - Actions on penal statutes to be brought in one year.
Section 516.390 - When penalty goes to the state, within two years.
Section 516.400 - When penalty goes to party aggrieved, three years.
Section 516.410 - Sections 516.380 to 516.400 construed.