an amount be determined if his income is zero now. He does not file his taxes. He has an offer letter for $50,000/yr but turned down the position so he didn’t have to pay child support.
If he has the ability to work he will be attributed at least full time minimum wage as his income. If he has a history of positions or a career he left that paid more and has no legitimate reason for his unemployment status the court may attribute a higher income to him. Other factors can impact... Read more »
I want to preface this with the fact I’m in the state of Missouri. I filed for child support through the state to my sons father. He put on his form14 that his income is $1100/month (Unemployment- he’s laid off cause of Covid) & left out the $1,700 a month in child support he receives for... Read more »
Receipt of child support is not considered income to the party receiving it. That money is the contribution of the other parent toward the support of the other parents’ children. In fact, he gets a credit for the 3 other children in his household for his financial support for the children in his... Read more »
My ex and I divorced in June of 2019, she and I agreed that b/c we both have joint custody of the kids there is no reason we need to pay child support. She has continuously threatened to take me for child support even though she denied it in front of the judge and now because she is unable to pay... Read more »
Yes she can seek child support alleging a change in circumstance. You should speak to an attorney to discuss your options after a review of your case.
My daughter is almost 4 and her biological father hasn't been around since she was about 14 months old. I filed for child support after he told me he wasn't going to help out if he couldn't have me, but has not seen her at all. My husband has been around since she was a few months... Read more »
No is the short answer. The long answer is that your husband can seek to do a step parent adoption of your daughter that would make him the legal father and terminate the parental rights of the biological father. Realistically you will need an attorney to help with this process.
Question: If you receive a letter of summons to appear in court due to failure to pay child support and you pay off the amount due before the court date, does this mean you still need to go to court? What happens if you were to pay off the total amount due to be current?
Good question. Is this a situation where the prosecuting attorney filed either a civil contempt action or criminal contempt case? If so, the answer is yes. You still need to appear until you have an order dismissing the case. In the context of a criminal non-support case a prosecutor may still... Read more »
He walked away from their relationship recently when he married and had a baby. He now has nothing to do with her and does not help support her.
It depends on whether you want to get him to pay for college and possibly pay for support. Would it cause trauma for your daughter? Does this guy work or have any income? Are you fairly certain your daughter isn't going to drop out within the first semester? Do you make a ton of income and... Read more »
me and my ex divorced in missouri. we have joint custody and no support awarded. i had primary custody. my child is 18yr old graduated highschool but is enrolled in college. he decided he wanted to live with his mom while he goes to college and she is talking about filing for support that i would... Read more »
Yes, it's possible. Support can be awarded until a child is 21. A court could also order you to contribute to the cost of college.
Father got a full order of protection against me last august. Since then we have tried working on things and hanging out and trying to make things work and getting back together. He never got the order dropped and we are no longer working on things. How is this going to play into what he just filed?
There is not enough information in your question to give you a good answer. Other than to say that you need to consult with an experienced family law attorney. It is pretty obvious that he is up to something but what his finial goals are would take a full review of the case, talking to you, and... Read more »
Non custodial parents paying medical, vision and dental
If there is no order, then a parent is not required to pay support. However, not paying or assisting with any bills will be looked upon negatively by some courts. Covering insurance is a positive, but may not be enough. Health insurance premiums is a credit applied to the basic amount of child... Read more »
Also, if you live in a different state then the child which states laws do you follow??? If you have it in your divorce decree to inform the other parent of moving to a different state with the child and fail to do that what legal action may the NCP take???
Child support can be changed any time there is a change in circumstances that effects overnights, health insurance, income of the parties, and other factors resulting in at least a 20% change or a change in who pays.
Relocation is a separate issue, though someone relocating can effect the... Read more »
I recently filed a Motion to Modify for my previous divorce. I am representing myself and the response I received from my wife's attorney states her as the Petitioner and me and the Respondent. This is a little confusing for me as I am the one who filed the motion to Modify. However, she was... Read more »
Yes, you remain labeled as the Respondent. You are modifying the original judgment where you were the Respondent so it stays the same. However, since you filed the motion to modify, you get to present evidence first. If she has an attorney, you may want to seek legal counsel for full or limited... Read more »
We want to be sure he is meeting the required hours and grades for us to continue to pay support to his mother. I read that we needed to "formally" request transcripts and enrollment to verify these things, however there was no description of what a "formal request" is. In... Read more »
Your question was posted in the Oklahoma Section. You should post your question in the Missouri forum so you can get answers from attorneys licensed in that state.
If you have an attorney, this is a question that you should direct to your attorney. In general, however, once an order is issued you must comply immediately unless the order provides a different date.
My daughter dropped out of school when she was 16. She just turned 18 and received her GED in Dec 2019. She has not enrolled in higher education and plans to take a year off, seek employment, and think about it. As she is 18 and not enrolled in higher education am I obligated to continue to pay... Read more »
You will want to look into your options to terminate child support in Missouri if Missouri has issued the support order through an administrative proceeding or judgment containing a support order. Try looking for the self representation forms regarding termination of child support on the... Read more »
It was maybe 2 hrs but i came back to school
I'm not sure what BCA is supposed to be, but your parents are allowed to discipline you for leaving school without their permission if they so choose.
My son dropped out of college December of 2018, at that time he was 20 years old and a full time student. The divorce decree say I will pay while he is enrolled as a full time student (4 year degree) and child support for him will end if he is not. Family court is still taking money out of my... Read more »
Talk to a local lawyer about what to file to get the money back. The sooner you file the easier it will be. The family support division has no idea about your child not attending full time so you have to get the order changed. The division only has an order that states you have to pay. It does not... Read more »
I have primary physical custody of our 16 yr old son. He went to his dad's for visitation and now refusing to come home. Can I report him as a runaway, even though I know where he's at?
He would not be a runaway as he is with his other parent. But his father would be causing parental alienation and is in violation of the parenting plan by not returning him. Talk to an attorney local to you to assist in a family access motion.
Its pertaining to affidavit for termination of child support. I filed an answer objecting.
If you are taking care of the case yourself, without an attorney, you must attend every court date.
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... Read more »
When he turns 21 you are no longer financially responsible for him. You may stop paying for college costs and health insurance if necessary.
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 »
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... Read more »
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