Asked in Child Support for Missouri

Q: If both parties on child support order deicied they want court order terminated what do they have too do?

I have 3 kids all in one court order oldest be 19 this year 18 year old lives with me and 16 year old lives with her

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1 Lawyer Answer
Jennifer L. Rench
Jennifer L. Rench
  • St. Louis, MO
  • Licensed in Missouri

A: There are different ways to terminate child support, depending on the reason.

Child support automatically terminates when a child reaches the age of 18, unless they are in school full time or some other exception in the statute applies. If that is the case - there is nothing further you need to do for the 18 and 19-year-old. If child support is being taken out of your paycheck via wage withholding, you may need to file an amended income withholding order to get the amount withheld adjusted to what it should be for 1 child. You will want to do that ASAP.

For the 16-year-old - or if either of the other two children are still entitled to child support because they are still in school full time or for some other reason - you will need to file a Motion to Modify. If you and their mother agree to modify the child support order to $0, you still have to file a formal request to modify the current order but it can be a smooth process.

A court order is required to change an existing court order for child support and the court order cannot be applied retroactively (i.e. back dated). So I would encourage you to find an attorney in your area and have them file a motion to modify immediately to stop future child support from incurring sooner. I have had clients that waited months or years and then were saddened to hear that a modification of child support doesn't date back to when the living arrangements change, but instead it dates back to when the request for the change is actually filed or when the other parent is served. Some courts won't date them back until certain financial statements are filed in court. The rules that apply to you are going to be specific to the court you need to file in.

The timing of all of this can get tricky! I would highly encourage you to consult with an attorney that handles these in your area.

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