The Circuit Clerk’s office presently employs 13 people who assist with case processing and preservation, courtroom activity, jury management, and financial transactions, as well as assisting the public.  For specific needs, we ask that you browse and/or select a specific link as listed on the home page.  If you should have a question or concern that is not addressed here, please access the FAQ link or feel free to give us a call.



































 Probate Court

Filing Fees:

*Small Estates, Refusal of Letters, Abbreviated Probate Matters: $68.00

*Decedent Estates: $148.00 without Will $183.00 with Will admitted

(Additional fee assessed in decedent estates based upon value of final inventory)

Adult Guardianship and/or Conservatorship: $108.00

Minor **Guardianship and/or Conservatorship: $93.00 Judicial Information Sheet required with all new filings.

*Missouri HealthNet Disclosure required prior to Order of Distribution or Certificate of Clerk.

**Criminal background check and Home Study required prior to issuing minor guardianship Letters.

 Divisions of Court

The 15^th Judicial Circuit is comprised of both Lafayette and Saline Counties.  The Lafayette County Judiciary is divided into three (3) divisions.  All judicial cases for the Circuit (Division 1), Associate (Division 3) or Probate (Division 2) levels are filed in the Circuit Clerk’s office; however, the Division One courtroom is located in the Courthouse.  Categories covered by these levels include civil, domestic relations, small claims, administrative, juvenile, criminal, traffic and probate.  This office will assist with providing copies of requested records and encourages the use of the Records Search Request Form which is located in the Court Forms link.  By local court rule, there is a copy charge of $0.25 per page and $2.50 for certification, if necessary.  










































  Child Support

This section addresses issues of child support as it relates to payments and enforcement options, as well as emancipation and termination.  The specifics of these issues are described in greater detail in Section 452.340 of the Revised Missouri Statutes.

 

PAYMENT INFORMATION

Effective July 1, 2001, the Family Support Payment Center became the Trustee for child support and spousal (maintenance) cases previously ordered paid through the Circuit Clerk’s office. Since that time, payments ordered pursuant to a trusteeship are required to be mailed to the Family Support Payment Center at P. O. Box 109002, Jefferson City, MO 65110. Personal checks and money orders are accepted. Do not send cash.

1.  When sending a payment, make sure your court order number and your Case ID are on the payment instrument. You may not know your case identification number at the time your judgment is entered. Please contact the Circuit Clerk’s office for this information or refer to the post card that is issued to you shortly after the support obligation has been established. These numbers must be included on your check or money order or you may not receive proper credit.

2.  The clerk’s office must be advised of any payments made directly to the custodial parent if there is an expectation that credit be given. It is suggested that you locate the Courts/Court Forms link on the home page and Select Form CS100 (Affidavit of Payment). File the completed form with the Circuit Clerk’s office. 

3.  All name and/or address changes must be provided to the Circuit Clerk’s office in writing. You may contact the office by snail mail or e-mail.(Both addresses can be found on the home page).

4.  The non-custodial parent is asked to keep the Circuit Clerk’s office informed of employment changes if income withholding has been initiated by that office. 

5.  If an income withholding order is entered by the Court, it is the responsibility of the non-custodial parent to send the child support payments to the FSPC until the income withholding order is in effect and payments are being withheld from his/her paycheck. Further, if the employer does not withhold the required amount, the non-custodial parent is responsible for paying the difference.

6.  The non-custodial parent has the privilege of filing a request for income withholding to be initiated at any time if the judgment did not specifically address this form of payment. Select CS20 (Income Withholding Application) in the Courts/Court Forms link, complete and file the request with the Circuit Clerk’s office.

7.  The non-custodial parent has the privilege of making application for automatic withdrawal by accessing www.dss.mo.gov/cse if income withholding is not ordered by the Court. 

8.  To obtain information about recent payments received by the FSPC, call 1-800-225-0530. Please be advised the FSPC is not qualified to address payment reduction or delinquent payment issues.  

ENFORCEMENT

Once a child support judgment has been entered, immediate income withholding is often included in the order. The non-custodial parent’s employer will be notified by the Circuit Clerk’s office to withhold the court ordered obligation plus an amount for arrears (should any exist) and remit said withholding to the FSPC.

Should additional enforcement services be required, it is suggested the Family Support Division of the Division of Child Support Enforcement be contacted by accessing www.dss.mo.gov/cse. The enforcement application as well as information about automatic withdrawal, direct deposit and SecuitE cards can be obtained through this site. The telephone number for the Family Support Division is 866-313-9960.

 EMANCIPATION AND TERMINATION

A parent’s obligation to pay child support may extend past a child’s eighteenth (18th) birthday if criteria for such extension have been met pursuant to the requirements as set out in section 452.340, RSMo. The custodial parent is expected to provide the Circuit Clerk’s office with a written educational status update of each child as they turn eighteen years old. However, the information may come from the non-custodial parent as well. This will help staff determine if any changes need to be made in the Missouri Automated Child Support System (MACSS) as well as help determine if criteria have been met for extended support obligations.
Effective August 28th, 2007, the maximum age for which child support can be collected is age 21 for children who have met criteria for support to continue (past the age of 18 or graduation from secondary education) because they are enrolled in a college, university or vocational school and have met all other requirements as set out in section 452.340, RSMo.
As it is the responsibility of the parents to notify the Court when a change of status occurs, they are encouraged to complete and file the CS95-1 (Affidavit of Emancipation) or the CS95 (Affidavit of Emancipation and Termination) with the Circuit Clerk’s office. These forms can be located in the Child Support link and the Court Forms link. The CS95-1 should be selected when the obligation addresses multiple children. The CS95 should be selected when the obligation addresses one child or the last remaining child. Please contact the Circuit Clerk’s office for assistance or additional information.

Please click on www.courts.mo.gov and locate the link Representing Yourself in the Quick Links section.  This is an informative site prepared by the Joint Pro Se Implementation Commission to assist in helping with awareness issues with regard to pro se litigation.  While the site is still under development, you will find the links to be very informative and helpful.   

Child Support Forms  (must have Adobe Reader to download)

OSCA CS 100 - Affidavit of Payment                                   CS95 -1 Affidavit for Emancipation

CS95 Affidavit for Emancipation & Termination                       CS20 Income Withholding Application      






























 Representing Yourself

 If you choose to proceed with a Dissolution of Marriage, Legal Separation, Paternity or Modification process as a pro se litigant, it is the requirement of this court that you successfully complete the Litigant Awareness Program as offered through the above-mentioned link. Further, it is a requirement that you present your certificate of completion with the court prior to the first hearing of the process you are pursuing. Feel free to contact the Circuit Clerk’s office should have any questions about this information.

For those who do not have personal access to the internet, it is suggested that access be obtained at a local library.

 Court Forms

Forms for use in the following categories have been approved by the Supreme Court and can be found at
www.courts.mo.gov by locating Court Forms under the Quick Links section:

Filing Information Sheet                   
Adult Abuse Forms            
Child Protection Forms
Child Support Forms                       
Civil Forms                        
Family Access Forms
General Forms                                
Probate Forms                     
Small Claims Forms

Other Forms available here are:   (Requires Adobe Acrobat Reader to view)

FOCUS

Collecting on Claim form

Sound Recording form

Request for Record Search form

Child Support Affidavit of Payment CS100

Child Support Affidavit for Emancipation CS95-1

Child Support Affidavit for Emancipation and Termination CS95

Child Support Income Withholding Application CS20




























 Announcements/What's New

 This area will be reserved to announce any changes in legislature or procedure that may affect a specific service this office provides.  

































 Payment Information
Most of the fines, fees and court costs that are assessed against parties in a case are ordered paid through the Circuit Clerk’s Office and are expected to be paid upon disposition of the case.  Acceptable methods of payment are by cash, money order, cashier’s check, or VISA/MasterCard.  Personal checks are acceptable from Lafayette County residents only.  If payment is made by VISA/MasterCard, an additional $4.00 charge will apply. 

This office participates in both the Tax Intercept Program and the Debt Collection Program.  Debts left unpaid under the payment plan policy are forwarded electronically to these programs for collection purposes.  A copy of the payment plan policy can be provided upon request.

Adult restitution is paid through the Lafayette County Prosecuting Attorney’s Office.  Juvenile restitution is paid through the Lafayette County Juvenile Office.
The deposit schedule for new cases is as follows:

SERVICE FEE SCHEDULE, eff. 8/28/08

­Service Fees & Mileage       Warrants                                Days Served Prior to Court

Summons                     $30.00               In-State Fel.       $75.00                         Criminal Summons       5 days

Non Est                        $30.00               In-State Misd     $10.00                        Civil Summons           10 days

Writ of Execution      $30.00                Civil Contempt  $75.00                         Ex Parte                        3 days

Garnishments              $30.00                                                                               Subpoena           Up to the day

Injunctions                  $30.00

Full Order                       -0-

Ex Parte                           -0-

Subpoena:

                Civil             $30.00

                Criminal       $20.00

MILEAGE SCHEDULE, eff. 8/28/08

Alma                 $14.00                     Corder                    $11.00                     Napoleon               $  7.00

Aullville                 $16.00                     Dover                     $  7.00                     Oak Grove              $15.00

Bates City              $13.00                     Emma                      $20.00                     Odessa                   $11.00

Blackburn           $16.00                     Higginsville           $  9.00                     Waverly                 $12.00

Concordia              $17.00                     Mayview               $  7.00                      Wellington            $  4.00