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1 Answer | Asked in Child Support for Missouri on
Q: If I have received a summons to appear in court due to child support, if I pay off the amount do I still need to go?

Question: If you receive a letter of summons to appear in court due to failure to pay child support and you pay off the amount due before the court date, does this mean you still need to go to court? What happens if you were to pay off the total amount due to be current?

Neil Smith
Neil Smith answered on Jun 15, 2020

Good question. Is this a situation where the prosecuting attorney filed either a civil contempt action or criminal contempt case? If so, the answer is yes. You still need to appear until you have an order dismissing the case. In the context of a criminal non-support case a prosecutor may still... Read more »

2 Answers | Asked in Child Support for Missouri on
Q: 17 y/o going to college. Her father is paying 0 support. He is not on birth certificate. What should I do?

He walked away from their relationship recently when he married and had a baby. He now has nothing to do with her and does not help support her.

Neil Smith
Neil Smith answered on Jun 5, 2020

It depends on whether you want to get him to pay for college and possibly pay for support. Would it cause trauma for your daughter? Does this guy work or have any income? Are you fairly certain your daughter isn't going to drop out within the first semester? Do you make a ton of income and... Read more »

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1 Answer | Asked in Family Law and Child Custody for Missouri on
Q: Can I keep my ex’s gf away from our son if i have a recording of him saying how she has no desire to be his step-mother

They split up after being engaged for 2 yrs and have a child together. I recorded him telling me she has no desire to bond or be around my son, does not support his fathers relationship with him, and wants to keep her daughter from my son because she claims my son might hurt her (completely... Read more »

Neil Smith
Neil Smith answered on Jun 5, 2020

It sounds like there's more to this situation that what is in your post. You might have a basis to modify your parenting plan. But simply having a recording like the one you described is probably not enough to "move the needle" in any way. You would need more compelling evidence.... Read more »

1 Answer | Asked in Child Custody and Family Law for Missouri on
Q: 7 yr old son with my ex husband. How do I respond to a falsely accused interference with custody? My ex will not convers

I have a 7 yr old son with my ex husband. I became pregnant 2 months after being married, and all the red flags came clear to me. He is verbally and emotionally abusive, and he moved out when my son was only one. He never filed, and I intentionally waited to file til he was 3.5 yrs old, but we... Read more »

Neil Smith
Neil Smith answered on Jun 5, 2020

When you say "custody interference" are you referencing a family access motion? Or a motion to modify and/or motion for contempt? The way in which you respond depends on what he filed. If he is physically and emotionally abusive to the children, then you should think about filing a... Read more »

1 Answer | Asked in Family Law for Missouri on
Q: DNA test wasn’t done nor did we fill out the affidavit to assume paternity but my name is on the social Security card?

Her mother was legally married and living at home with her husband when we conceived the baby.

When the paperwork was done at the hospital for the birth cert. the hospital wouldn’t take the documents due to a conflict in last name but I never got the new paperwork but My last name made... Read more »

Neil Smith
Neil Smith answered on Jun 2, 2020

She was married to another man, but your name is on the social security card? And you did not sign an affidavit or take a paternity test, right? Very odd. Two possibilities come to mind. First, did she maybe file a paternity case or did the husband file a non-paternity case? They would have... Read more »

1 Answer | Asked in Child Support for Missouri on
Q: could a child support be awarded and /or started?

me and my ex divorced in missouri. we have joint custody and no support awarded. i had primary custody. my child is 18yr old graduated highschool but is enrolled in college. he decided he wanted to live with his mom while he goes to college and she is talking about filing for support that i would... Read more »

Neil Smith
Neil Smith answered on Jun 2, 2020

Yes, it's possible. Support can be awarded until a child is 21. A court could also order you to contribute to the cost of college.

1 Answer | Asked in Education Law for Missouri on
Q: . What can we do if my son was not chosen for Varsity cheer at his school?

I have proof that he is overly skilled qualified to be on the varsity team, which is all girl. Two boys tried out and neither made teams. My son is a World level 6 All Star cheerleader, and his skills for school cheer exceeds the 14 girls that made the team.

Neil Smith
Neil Smith answered on Jun 2, 2020

Did this happen in Missouri or Texas? A parent in Missouri recently sued his son's public school claiming that his son should have made the soccer team. The case, filed in the U.S. District Court for the Eastern District of Missouri, was unsuccessful. The problem that you might have is that... Read more »

1 Answer | Asked in Child Custody and Divorce for Missouri on
Q: We are married but separated (Missouri). Can he keep me from seeing my kid until we finish custody agreement??

He's had our son for a month without letting me have any sort of contact with him(he's 1) I haven't gotten any updates. My husband told me he moved 45 miles away from me but gave me no address. I've tried calling him and his family multiple times with no answer from anyone. Can... Read more »

Neil Smith
Neil Smith answered on Jun 2, 2020

Is your case pending? If so, he may have violated a local rule by relocating without providing you an address. If your case is pending you can file a temporary/PDL motion to get custody while your case is pending.

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