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Missouri Child Support Questions & Answers
2 Answers | Asked in Family Law and Child Support for Missouri on
Q: What does it mean, cause set for case review and trial setting. Does this mean I have to attend this court date.

Its pertaining to affidavit for termination of child support. I filed an answer objecting.

Lydia Seifner
Lydia Seifner answered on Aug 13, 2019

If you are taking care of the case yourself, without an attorney, you must attend every court date.

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1 Answer | Asked in Child Support and Divorce for Missouri on
Q: Do all aspects of divorce settlement end when child turns 21?

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 responsible... Read more »

Lydia Seifner
Lydia Seifner answered on Aug 12, 2019

When he turns 21 you are no longer financially responsible for him. You may stop paying for college costs and health insurance if necessary.

1 Answer | Asked in Family Law, Child Custody and Child Support for Missouri on
Q: Can a mother continue to accept child support if the children are fully taken care of and live with the other parent?

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 »

Lydia Seifner
Lydia Seifner answered on Aug 9, 2019

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 income... Read more »

1 Answer | Asked in Child Custody, Child Support, Divorce and Family Law for Missouri on
Q: Custodial parent will not terminate CS even though child lives with us. Do we have options?

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 »

Jennifer L. Rench
Jennifer L. Rench answered on Jul 19, 2019

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 agreement, it may... Read more »

1 Answer | Asked in Child Support for Missouri on
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

Jennifer L. Rench
Jennifer L. Rench answered on Jun 27, 2019

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...
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1 Answer | Asked in Family Law, Child Custody and Child Support for Missouri on
Q: I reside in Missouri. by courts I'm the non custodial parent and court ordered to pay child support.

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?

Lydia Seifner
Lydia Seifner answered on Jun 25, 2019

Talk to an attorney local to you to assist you in a Modification right away.

1 Answer | Asked in Family Law and Child Support for Missouri on
Q: My name is Kyla. I have received a summons in the mail from my ex husband Tyler regarding paternity

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 »

Lydia Seifner
Lydia Seifner answered on Jun 25, 2019

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 »

1 Answer | Asked in Child Custody, Child Support and Divorce for Missouri on
Q: I need to know how to change the venue or jurisdiction of my divorce with a minor from SD to MO?

Both my ex-husband and I have moved to MO. Need this changed so we can look into changing the custody arrangement and use DSS in MO to enforce child support. How do I start this process?

Jessica Emery
Jessica Emery answered on Jun 2, 2019

If you already have a divorce decree and you are looking to modify your parenting plan, you would need to register the South Dakota Judgment in Missouri and file a motion to modify. You should contact a lawyer to assist you. If you just need the child support enforcement moved, you can contact the... Read more »

1 Answer | Asked in Family Law and Child Support for Missouri on
Q: Can child support cont when child joins military and there's still arrears /back owed due in Missouri?

Child graduating high school, age 19, joining military a few months after that. Probably getting married too this year. Currently receiving child support which includes arrears. I'd imagine current would discontinue, but arrears would continue? Would it stay the same amount to take down the balance... Read more »

Jessica Emery
Jessica Emery answered on May 31, 2019

In Missouri, child support generally ends when the child turns 18, marries, or joins the military (among other events). There are exceptions to this rule that don't seem to apply in your circumstances, but can be found in RSMo 452.340.

The FSD website has the necessary Affidavit form for...
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1 Answer | Asked in Family Law, Child Custody and Child Support for Missouri on
Q: Is a parenting plan still legally binding when child support continues into secondary education?

I have an 18 who has graduated high school and plans to attend a secondary education school. I am perfectly okay with continuing to pay my court ordered child support to the custodial parent, but am I still legally required to assist with 50/50 medical that is in the parenting plan?

Lydia Seifner
Lydia Seifner answered on May 3, 2019

Once the child is 18, the parenting schedule is no longer enforceable. However the support obligation provisions shall continue to be enforceable until the child is either 21 or stops attending school. Medical, and educational support is likewise enforceable.

1 Answer | Asked in Child Support for Missouri on
Q: How do I file a motion to terminate collection of arrears child support?

Their actions are illegal according to the 14th Amendment as well as a Supreme Court ruling Beardon vs Georgia.

Ronald J. Eisenberg
Ronald J. Eisenberg answered on Apr 14, 2019

Bearden v. Georgia, 461 U.S. 660 (1983), deals with imprisonment for not paying child support.

You may file any motion you want. If you want to seek modification, hire a local family law practioner.

1 Answer | Asked in Child Support for Missouri on
Q: if we are paying half the tuition which is more than child support do we still have to pay child support?

She will be living in a dorm.. Isn't that room and board?

Ronald J. Eisenberg
Ronald J. Eisenberg answered on Apr 14, 2019

Read your divorce judgment. Better yet direct this question to your divorce attorney. My guess is that you probably owe it.

1 Answer | Asked in Child Support for Missouri on
Q: I had no relationship with the mother (wasn’t boyfriend or anything to her) does she have the right to put child support
Megan Alfano
Megan Alfano answered on Mar 26, 2019

Generally, the presumption in Missouri is that both parents are financially responsible for their child. The presumption does not go away because the parents were not in a relationship.

There are a variety of factors the court looks at when determining child support including but not...
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1 Answer | Asked in Family Law and Child Support for Missouri on
Q: Can a new order on another child be higher than an already existing order on the first child?

My husband has paid his ex wife for years. We have children together as well. Now his ex girlfriend wants to file and was told that should would get twice what the ex wife receives. Is that possible?

Lydia Seifner
Lydia Seifner answered on Mar 21, 2019

The second order for child support may be higher if there has been a significant increase in income between the first and second orders. Generally, the second order will be smaller and it must account for the first order during calculation. It sounds like there are some contributing facts in your... Read more »

1 Answer | Asked in Family Law and Child Support for Missouri on
Q: Would income increase change the amount of CS if both parties had originally agreed on a set amount?

Both parents agreed on amount to be paid for CS, judge approved. If one or both parents have an increase in income later on does/can that change the CS amount? Or would what was originally agreed upon remain the same regardless?

Lydia Seifner
Lydia Seifner answered on Mar 21, 2019

The child support amount would not automatically increase if one parent receives an increase in income. However, a significant increase income would allow the other parent to pursue an increase in child support, if desired.

1 Answer | Asked in Child Support for Missouri on
Q: My boyfriend owes child support but we have the kids more than 80% of a whole month. He has court tomorrow for revocatio

Court is tomorrow for probation revocation.

Ronald J. Eisenberg
Ronald J. Eisenberg answered on Mar 14, 2019

I hope things work out for you. You didn't ask a specific question, however. I suggest you repost if you still need information but try to be more specific.

1 Answer | Asked in Family Law and Child Support for Missouri on
Q: 19 year old attending college has moved out of her mother's house who we are paying C.S. to, can we terminate?

Daughter is no longer staying with the mother, but we are paying the mother a high amount of child support.

Lydia Seifner
Lydia Seifner answered on Mar 11, 2019

It depends a bit on how the daughter has moved out, if she is living in a dorm while attending college, but returning home during school breaks; the court will presume that the she is still technically living in the mother's home. However, if your daughter is legitimately living on her own, then... Read more »

1 Answer | Asked in Child Custody and Child Support for Missouri on
Q: Hello. I'm needing to know what rights noncustodial parent has when child has been moved out of state without consent?

Also, child is 6 yrs old and was pulled out of school by custodial parent in September 2018 and is still not enrolled or attending school. Moved 6 times in less than six months. What are my rights?

Lydia Seifner
Lydia Seifner answered on Feb 14, 2019

Your rights are entirely dependent on your marital status to the custodial parent and if there has been a previous court order that the other parent might be violating. There's not enough information here to give and adequate answer, so I highly recommend you speak to a family attorney in your... Read more »

1 Answer | Asked in Child Support for Missouri on
Q: If I am reading this right, when I child turns 18 support will stop until they go to college?

They have to provide proof of going to college to continue support? Only if back support is caught up will it stop when they reach 18, correct?

Jennifer L. Rench
Jennifer L. Rench answered on Feb 12, 2019

If I understand, you are trying to determine when child support stops if your child continues on to college. The timing of events is really crucial to give an accurate answer, but if the scenario is that your child graduates high school or completes a GED program, turns 18 but will be going on to... Read more »

1 Answer | Asked in Child Custody, Child Support and Divorce for Missouri on
Q: I filed for divorce in TN from my husband, and then moved to Missouri. What are my next steps to dissolve the union?

We have five children together, he was served but a court date wasn’t scheduled. He is aware that we moved, we moved because he stopped providing support.

Lydia Seifner
Lydia Seifner answered on Feb 1, 2019

Depending on when your husband was served, the time for him to respond may not be over yet. If the court hasn't provided a date for you, you can contact them and ask for a court date to be set. It will be easier if you have an attorney do this for you, especially considering your distance from... Read more »

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