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.
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.
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.
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.
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.
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.
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.
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...
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...
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.
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...
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...
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.
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...
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.
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