Missouri Child Support Questions & Answers

Q: Can a new order on another child be higher than an already existing order on the first child?

1 Answer | Asked in Family Law and Child Support for Missouri on
Answered on Mar 21, 2019
Lydia Seifner's answer
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 case that were not disclosed in your question, so I would encourage you to talk to an attorney local to you to discuss your case.

Q: Would income increase change the amount of CS if both parties had originally agreed on a set amount?

1 Answer | Asked in Family Law and Child Support for Missouri on
Answered on Mar 21, 2019
Lydia Seifner's answer
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.

Q: My boyfriend owes child support but we have the kids more than 80% of a whole month. He has court tomorrow for revocatio

1 Answer | Asked in Child Support for Missouri on
Answered on Mar 14, 2019
Ronald J. Eisenberg's answer
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.

Q: 19 year old attending college has moved out of her mother's house who we are paying C.S. to, can we terminate?

1 Answer | Asked in Family Law and Child Support for Missouri on
Answered on Mar 11, 2019
Lydia Seifner's answer
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 you no longer owe child support to the mother. Contact an attorney local to you to be discuss your situation, and your options.

Q: Hello. I'm needing to know what rights noncustodial parent has when child has been moved out of state without consent?

1 Answer | Asked in Child Custody and Child Support for Missouri on
Answered on Feb 14, 2019
Lydia Seifner's answer
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 area.

Q: If I am reading this right, when I child turns 18 support will stop until they go to college?

1 Answer | Asked in Child Support for Missouri on
Answered on Feb 12, 2019
Jennifer L. Rench's answer
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 college, then your child has until October 1st following graduation to enroll in at least 12 hours of credit for each college semester. Turning 18 won't by itself terminate child support in that...

Q: I filed for divorce in TN from my husband, and then moved to Missouri. What are my next steps to dissolve the union?

1 Answer | Asked in Child Custody, Child Support and Divorce for Missouri on
Answered on Feb 1, 2019
Lydia Seifner's answer
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 the jurisdiction. I would encourage you to contact an attorney in Tennessee to assist you.

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: Does a paying parent (father) in Missouri have a duty to inform the state, court or the other party of a pay increase?

1 Answer | Asked in Family Law and Child Support for Missouri on
Answered on Oct 15, 2018
Kristen Thurmond's answer
Without scouring through the statutes, there is nothing I can quickly recall that requires a parent to inform the other of increases in pay. However, in practice, there does seem to be an implied obligation based on the statutes that both parents should report changes in income in regards to child support. That said, you need to get an attorney to help you make the right arguments to the court so as to not be the unreasonable, less credible parent.

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...

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