Saint Louis, MO asked in Child Support for Missouri

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.

Related Topics:
2 Lawyer Answers
Neil Smith
Neil Smith
Answered
  • Clayton, MO
  • Licensed in Missouri

A: 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 want to avoid contributing to her college? Usually in a situation like this there's a reason why you haven't filed a paternity case yet, or tried to get child support. But getting him to do this is definitely feasible.

Jennifer L. Rench
Jennifer L. Rench
Answered
  • St. Louis, MO
  • Licensed in Missouri

A: First, you will need to establish paternity then you can request an order for child support. There are two different way in which to do this: (1) Establish legal paternity through the State of Missouri Family Support Division by applying for Child Support services, or (2) File a Paternity and Child Support case through the appropriate County Circuit Court.

In order to establish paternity, a biological father can sign an Affidavit Acknowledging Paternity, which may not be likely in your case if father has nothing to do with the child at this point. In an effort through the FSD or through the court, the the child, mother and father can also be ordered to take a DNA test. A DNA test alone does not establish paternity but it would be evidence in a case to request that the court name the man as the biological father of the child.

More information would need to be known to answer questions about what may be included in an order for child support. A child support order can include the amount of child support and any expenses that might be ordered on top of child support, like college tuition or health insurance expenses. The length of time a child support order is in effect for most people has to do with the age of your child and how long she attends college. There are other factors too that might be outside of the scope of this question.

Going through each process has pros and cons. The processes, length of time, cost, and potential outcomes are different. It would be helpful to have an attorney if the father's location is unknown or if he is not cooperative. You should speak with an experienced child support lawyer in your area for the best advice regarding your particular situation.

I wish you well!

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.