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?
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 »
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 »
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 »
Father got a full order of protection against me last august. Since then we have tried working on things and hanging out and trying to make things work and getting back together. He never got the order dropped and we are no longer working on things. How is this going to play into what he just filed?
There is not enough information in your question to give you a good answer. Other than to say that you need to consult with an experienced family law attorney. It is pretty obvious that he is up to something but what his finial goals are would take a full review of the case, talking to you, and...Read more »
If there is no order, then a parent is not required to pay support. However, not paying or assisting with any bills will be looked upon negatively by some courts. Covering insurance is a positive, but may not be enough. Health insurance premiums is a credit applied to the basic amount of child...Read more »
Also, if you live in a different state then the child which states laws do you follow??? If you have it in your divorce decree to inform the other parent of moving to a different state with the child and fail to do that what legal action may the NCP take???
Child support can be changed any time there is a change in circumstances that effects overnights, health insurance, income of the parties, and other factors resulting in at least a 20% change or a change in who pays.
Relocation is a separate issue, though someone relocating can effect the...Read more »
I recently filed a Motion to Modify for my previous divorce. I am representing myself and the response I received from my wife's attorney states her as the Petitioner and me and the Respondent. This is a little confusing for me as I am the one who filed the motion to Modify. However, she was... Read more »
Yes, you remain labeled as the Respondent. You are modifying the original judgment where you were the Respondent so it stays the same. However, since you filed the motion to modify, you get to present evidence first. If she has an attorney, you may want to seek legal counsel for full or limited...Read more »
We want to be sure he is meeting the required hours and grades for us to continue to pay support to his mother. I read that we needed to "formally" request transcripts and enrollment to verify these things, however there was no description of what a "formal request" is. In... Read more »
If you have an attorney, this is a question that you should direct to your attorney. In general, however, once an order is issued you must comply immediately unless the order provides a different date.
My daughter dropped out of school when she was 16. She just turned 18 and received her GED in Dec 2019. She has not enrolled in higher education and plans to take a year off, seek employment, and think about it. As she is 18 and not enrolled in higher education am I obligated to continue to pay... Read more »
You will want to look into your options to terminate child support in Missouri if Missouri has issued the support order through an administrative proceeding or judgment containing a support order. Try looking for the self representation forms regarding termination of child support on the...Read more »
My son dropped out of college December of 2018, at that time he was 20 years old and a full time student. The divorce decree say I will pay while he is enrolled as a full time student (4 year degree) and child support for him will end if he is not. Family court is still taking money out of my... Read more »
Talk to a local lawyer about what to file to get the money back. The sooner you file the easier it will be. The family support division has no idea about your child not attending full time so you have to get the order changed. The division only has an order that states you have to pay. It does not...Read more »
He would not be a runaway as he is with his other parent. But his father would be causing parental alienation and is in violation of the parenting plan by not returning him. Talk to an attorney local to you to assist in a family access motion.
My son turns 21 in a few weeks and will still be attending college in the fall. I am 100% responsible for health insurance and 60% responsible for college costs. The settlement says neither parent shall be responsible for college costs for more than 8 semesters but doesn't say I am... Read more »
My fiance has been paying child support for his 2 children while they have been living with him and are enrolled in school in his town. She lives in a different town with her new boyfriend, neither of them work. They only have the children on the weekends but the father has them all week, pays... Read more »
Typically the paying parent can stop paying child support if the children change residences to live in the paying parent's care. You will have to contact Family Division Services, and may have to go through the court for a modification to have the support stopped entirely. However, if the...Read more »
Our daughter, 17, moved in with us 4 months ago. We have paid for everything bc she refuses to help. She took away her car and phone which we have had to replace. We are paying large sums in CS and in arrears. She won’t pay for anything and refuses to terminate. And has never wanted our help (as... Read more »
To clarify, I am going to assume that the "we" you are referring to is the child's father and maybe his now significant other? While I prefer Mom and Dad to be able to recognize that there is an issue that needs to be resolved and be able to work out the best way to resolve it by...Read more »
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...Read more »
I've had the kids full time for over 7 years now, the custodial parent hasn't physically seen or kept kids for over a year and has claimed child support for 7 years and does not help or bother to see the children. What should I do?
My name is Kyla. I have received a summons in the mail from my ex husband Tyler regarding paternity on my 6 year old daughter. She was born prior to the marriage and she is not biologically his. But after the marriage we both signed a paternity affidavit which added him to her birth certificate... Read more »
The courts generally want to maintain the legal parentage for children. So if the divorce did not address his paternity it is unlikely that he can get himself removed as the legal parent without finding someone to replace him; like the biological father. At any rate, if you received a summons you...Read more »
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