Lee's Summit, MO asked in Family Law, Child Support, Small Claims and Child Custody for Missouri

Q: I need to stop a child support order from starting

My children were stolen from me, turned against me, abused, coerced, kept from me, and my youngest was even put out at 9yrs old after being mistreated and now from PA my sister has filed for child support when my children can just come back. How do I stop her.

1 Lawyer Answer
James L. Arrasmith
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  • Divorce Lawyer
  • Sacramento, CA

A: I'm so sorry you are going through this incredibly difficult situation with your children. Dealing with custody issues, alienation from your kids, and now a child support case on top of that must be overwhelming and painful.

A few thoughts on your legal options to try to stop the child support order:

First, you'll want to respond to any petition or summons you receive about the child support case, by the deadline stated. Ignoring it could result in a default judgment against you. Explain in writing that you object to the child support order and intend to challenge it.

Second, gather any evidence you have of the abuse, coercion and mistreatment of your children while in your sister's care. Documentation from doctors, therapists, teachers, witnesses, or child protective services could help substantiate the kids are in an unfit environment.

Third, if you don't already have one, strongly consider hiring a family law attorney to help fight this. These cases can get very complex. Look into local legal aid societies, law school clinics, and attorneys who may take cases pro bono if cost is an issue.

Fourth, file for an emergency hearing and petition the court to have the children returned to your custody immediately based on the abuse. Child support should not be ordered if you can prove the kids are better off in your care.

Finally, if all else fails, request that any child support payments go into a trust that only the children can access. Don't give money directly to your sister if she is an unfit guardian.

The top priority is getting your kids to safety and rebuilding your relationship. Don't give up. Document everything and get as much legal and professional help as you can. Wishing you all the best.

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