Fulton, MO asked in Child Support for Missouri

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?

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1 Lawyer Answer
Neil Smith
Neil Smith
  • Clayton, MO
  • Licensed in Missouri

A: 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 prove that you are guilty of a crime even though no support is due. (Imagine a situation where someone steals a Playstation from Walmart, is charged with stealing, and then returns the Playstation before the first court appearance.) From a practical standpoint some prosecutors will dismiss your case before court, but it's not a guarantee.

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