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Missouri Child Support Questions & Answers

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 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 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 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 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 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 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 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 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 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 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 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 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 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 »

2 Answers | Asked in Divorce, Family Law, Child Custody and Child Support for Missouri on

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?

I have a set of twins that will be 18 in June. My ex has had custody since they were 6. I've been paying CS but recently found our that one of them is living w/ his ex-wife and he is paying her $100 month in CS for our daughter. The other is living w/ her boyfriends mom (BF is at school) and is... Read more »

Lydia Seifner answered on Jan 8, 2019

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... Read more »

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1 Answer | Asked in Family Law and Child Support for Missouri on

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

He will be working full time, but likely still living with his mother

Lydia Seifner answered on Jan 3, 2019

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.

1 Answer | Asked in Criminal Law, Child Custody and Child Support for Missouri on

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

She's also been abused, and she's kept in her house 24/7, unless she is at her church or out to eat. She isn't allowed to even walk away from her condo 25 ft. She's been called "slow, dumb, stupid, worthless, etc" and more degrading things. Is there anything I can do legally about this while... Read more »

Lydia Seifner answered on Jan 2, 2019

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.

1 Answer | Asked in Family Law, Child Custody and Child Support for Missouri on

Q: Father willingly wanting to terminate rights?

The father of my child is wanting to terminate his rights and I’m not entirely sure how this would happen. He abused me, he sells drugs and is very unstable. He doesn’t even have a place to live. Im just wondering, how would we, he and I, go about doing it?

Kristen Thurmond answered on Jan 2, 2019

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... Read more »

1 Answer | Asked in Child Custody and Child Support for Missouri on

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

I live in Missouri. I'm active duty Air Force. Divorced June 30, 2017. She lives in Murfreesboro. Sporadic employment and now admits to multiple recreational drug use. I want to flip our custody agreement which is $523/mo and 63 days per year. I want him to live with me and not pay child support at... Read more »

Kristen Thurmond answered on Jan 2, 2019

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... Read more »

1 Answer | Asked in Child Custody and Child Support for Missouri on

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

The mother of his children has primary custody so the agreement was for him to get them some days (no nights) while he was living in Missouri. However he moved to IL and is now married to me.. his children come To visit him often and stay here with us while they are on vacation.. did He need to... Read more »

Lydia Seifner answered on Dec 28, 2018

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.

1 Answer | Asked in Child Support, Divorce and Family Law for Missouri on

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

My spouse and I separated 6 years ago and have been equally sharing custody and expenses related to our child since then. Neither of us want to change that. Is it necessary to file form 14 even if neither party is requesting support?

Lydia Seifner answered on Dec 4, 2018

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.

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