Missouri Child Support Questions & Answers

Q: My ex has sole custody of our kids. I'm paying CS but found out the kids don't live w/ him now? Options?

2 Answers | Asked in Divorce, Family Law, Child Custody and Child Support for Missouri on
Answered on Jan 8, 2019
Lydia Seifner's answer
Child support is to assist the parent actually caring for the child, if your ex is not housing the children, then there is no reason for him to be the recipient of the support. You will still owe support, but can have it redirected to the household's actually caring for the children, and sometimes to the children themselves. Talk to an attorney in the county where the original judgment was filed to assist you.

Q: Missouri: My child graduates in May, age 18. Do I still pay support until Oct knowing he won't attend higher education?

1 Answer | Asked in Family Law and Child Support for Missouri on
Answered on Jan 3, 2019
Lydia Seifner's answer
You will need to contact child support enforcement in may and fill out their forms for terminating child support; but otherwise you don't need to wait until October to file for termination.

Q: Is it illegal when a minor doesn't do any kind of schoolwork, and the parent doesn't do much about it?

1 Answer | Asked in Criminal Law, Child Custody and Child Support for Missouri on
Answered on Jan 2, 2019
Lydia Seifner's answer
While parents not enforcing homework, is not illegal, or abusive; the rest of what you describe is abusive. Contact your local social services about the child's situation.

Q: Father willingly wanting to terminate rights?

1 Answer | Asked in Family Law, Child Custody and Child Support for Missouri on
Answered on Jan 2, 2019
Kristen Thurmond's answer
Contact an attorney to help you or look at the self representation forms on the Missouri courts website. A father cannot terminate his rights unless another individual is going to step in to take his place. He can agree to no custody and you can agree to no child support. However, it is in your child's best interests to receive support from both parents if they're physically able to contribute. That said, every situation is unique. Talk with an attorney in your area.

Q: Ex-wife, primary care parent, asked me to keep son "for a few months" while she goes to rehab. Grounds for full custody?

1 Answer | Asked in Child Custody and Child Support for Missouri on
Answered on Jan 2, 2019
Kristen Thurmond's answer
You need to get an attorney immediately. The sooner you file, the sooner your child support obligations will stop or be retroactively stopped and the sooner you can get a new custody arrangement ordered by the court. Drug use is a very serious problem that judges will consider greatly when determining custody.

Q: my Husband has two children with ex gf and has joint custody.. He moved out of MO does this affect him?

1 Answer | Asked in Child Custody and Child Support for Missouri on
Answered on Dec 28, 2018
Lydia Seifner's answer
If the visitation schedule has changed and the parties wish to have an modification on file with the court to reflect those changes, making them enforceable, they may do so with an uncontested Motion to Modify. But it's not necessary if both parties are in agreement.

Q: Do I have to file form 14 when I petition for divorce (amicable) even if I don’t want child support?

1 Answer | Asked in Child Support, Divorce and Family Law for Missouri on
Answered on Dec 4, 2018
Lydia Seifner's answer
Yes, if there are minor children involved you must file a form 14. However, you can state in the petition and in the final hearing that, by agreement, neither of you are requesting child support.

Q: Denied access to children for six months, do I need to pay child support for missed time? (In Missouri)

1 Answer | Asked in Child Custody, Child Support, Divorce and Family Law for Missouri on
Answered on Oct 31, 2018
Kristen Thurmond's answer
If child support was ordered during the time you were denied access, then you must pay child support. Child support and parenting time are dealt with separately by courts. The reason why you were denied time may impact future time with your children. You need to find a local attorney to help you, even if it's just a paid consult to get you moving in the right direction.

Q: I have sole and physical custody of my daughter who says she is moving with her mom in iowa without my permission

1 Answer | Asked in Child Custody, Child Support and Family Law for Missouri on
Answered on Oct 2, 2018
Lydia Seifner's answer
Yes, further custody proceedings would have to be done in Missouri, in keeping with the current Court orders. Children do not get to decide where they live; if you have sole custody of your daughter, then neither she, nor her mother, may make the decision to change her residence. You will not have to pay child support until a court changes the child support orders.

Talk to an attorney in the jurisdiction in which your orders were initially issues, unless your ex requests a...

Q: How can you pay child support when it hasn't been ordered yet so as to keep it from accumulating and can it accumulate?

1 Answer | Asked in Child Support for Missouri on
Answered on Sep 24, 2018
Kristen Thurmond's answer
Without knowing your specific situation, in most cases child support can accumulate when an order is pending. This is what the legal system refers to as retroactive child support. If you want to pay support in the interim to reduce the amount of arrears that will accrue from the retroactive support, always make sure it's by check or money order with the description line saying "child support" and keep a copy. You will need to show it to the family support division or judge to get a credit. You...

Q: If the other party won't set a court date to appear, and I've been waiting for 5 months, what should I do to get a date?

1 Answer | Asked in Family Law, Child Custody and Child Support for Missouri on
Answered on Sep 18, 2018
Lydia Seifner's answer
Unfortunately, yes, a case can go on for months and years waiting on one party. The only thing you can do at this point is to keep asking for trial dates. Eventually the court will get tired of it and stop continuing it. In the until that time, you could ask for costs or enforcement of child support should they continue it again. Talk to an attorney local to you to assist you.

Q: My ex never brought my child back from a visit and got an OP on me, he's court ordered to pay CS. What can I do?

1 Answer | Asked in Family Law, Child Custody and Child Support for Missouri on
Answered on Sep 13, 2018
Kristen Thurmond's answer
You need to seek the advice of local counsel. This is a serious issue and you need to go to court. Orders of Protection have two phases. An ex parte, where the filing party gets a temporary order based purely on the petition. Then there's a court hearing to determine if the order needs to become permanent, or what the court system calls "full" (Full Order of Protection). Go to the hearing with or without an attorney. Just because he has an order of protection against you, doesn't mean you don't...

Q: I Live in MO the noncustodial parent moved to TX when I was about six months pregnant. How do I get CS? How long process

1 Answer | Asked in Family Law and Child Support for Missouri on
Answered on Sep 13, 2018
Kristen Thurmond's answer
You can still start the process with the family support division, who will reach out to the other state if needed. You can also file a paternity action in Missouri. A paternity action would establish custody rights, visitation, and get you court ordered child support, rather than an administrative order with the family support division. I encourage all potential clients to file a paternity action to take care of everything at once. You will probably need to speak with an attorney to address any...

Q: What is father to do if he makes a lot less than ex and can't afford the support ordered to pay when they share custody

1 Answer | Asked in Divorce, Family Law and Child Support for Missouri on
Answered on Sep 4, 2018
Lydia Seifner's answer
It sounds like you need to talk to an attorney about seeking a modification.

Q: Is there a way to terminate child support after the final order has been submitted if both parents agree upon it?

1 Answer | Asked in Child Support and Family Law for Missouri on
Answered on Aug 20, 2018
Lydia Seifner's answer
Yes, you would submit a motion to modify, and after 30 days of service, a joint agreement.

Q: My daughter turned 18 and graduated from high school. Do i have to pay child support during the time she's not in school

1 Answer | Asked in Family Law and Child Support for Missouri on
Answered on Aug 16, 2018
Lydia Seifner's answer
If she in not enrolled in college by October of this year, then you may have your child support terminated, if she does enroll in school of some kind, then you must continue paying child support until she either drops out, graduates, or turns 21.

Q: If 2 people have joint custody and 1 parent (pays support)gets higher paid job do they have to pay more in child support

1 Answer | Asked in Child Support for Missouri on
Answered on Aug 8, 2018
Jennifer L. Rench's answer
In Missouri, a court would determine the presumed amount of child support by entering information on a Form 14 worksheet. There is information missing from your question that would be needed in order to determine the amount of child support.

For example, in some situations the child support calculation allows the payer to take a credit to lower child support based on the number of overnights the payer exercises with the child. Joint custody doesn't describe the number of overnights one...

Q: I am a non-custodial parent but I have lived in the same home with my 2 kids for over a year. Can I regain custody?

1 Answer | Asked in Child Custody and Child Support for Missouri on
Answered on Jul 25, 2018
Lydia Seifner's answer
Under those circumstances, you definitely qualify for joint custody. Talk to an attorney local to you about seeking a modification to reflect your current circumstances.

Q: Can my ex wife have my child support modified if I refuse to pay the kids cell phone bills?

1 Answer | Asked in Child Support for Missouri on
Answered on Jul 16, 2018
Kristen Thurmond's answer
Often, I advocate that cell phone bills and similar expenses are items that are covered under child support. Sometimes other attorneys or judges have different opinions. When calculating child support, those types of expenses need to be discussed and included as an additional expense or as part of the presumed amount. If child support was ordered through an administrative proceeding, often those types of expenses are left out and issues like what you're having come up.

As always, you...

Q: My child’s father is ordered to pay so much of child support a month. He hasn’t made any payments.

1 Answer | Asked in Child Custody, Child Support and Family Law for Missouri on
Answered on Jul 13, 2018
Lydia Seifner's answer
They have to first demonstrate that the current order is too difficult for him to reasonably make.

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