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Missouri Child Support Questions & Answers
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
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,... View 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
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... View 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
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... View 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
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... View 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... View More

Lydia Seifner
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... View 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
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... View More

Lydia Seifner
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
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... View 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... View More

Kristen Thurmond
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... View 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... View More

Lydia Seifner
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
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.

1 Answer | Asked in Child Custody, Child Support, Divorce and Family Law for Missouri on
Q: Denied access to children for six months, do I need to pay child support for missed time? (In Missouri)
Kristen Thurmond
Kristen Thurmond
answered on Oct 31, 2018

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,... View More

1 Answer | Asked in Family Law and Child Support for Missouri on
Q: Does a paying parent (father) in Missouri have a duty to inform the state, court or the other party of a pay increase?

There have been many changes since the 2nd time my ex filed for a modification, two of the four children are of age now, one of the remaining is in college at my expense so far. My main question, however, is to find out if i had any duty to report changes in my income to anyone. She has filed once... View More

Kristen Thurmond
Kristen Thurmond
answered on Oct 15, 2018

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... View More

1 Answer | Asked in Child Custody, Child Support and Family Law for Missouri on
Q: I have sole and physical custody of my daughter who says she is moving with her mom in iowa without my permission

Mother only has visitation. My daughter is out of control and needs substance abuse treatment .Can she come to Missouri and just take my daughter out of state? She is $7000 behind in child support. Will I then have to pay the mother? Isn't it true that all guardianship paperwork would have to... View More

Lydia Seifner
Lydia Seifner
answered on Oct 2, 2018

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... View More

1 Answer | Asked in Child Support for Missouri on
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?

There's been child custody papers served 3 months ago but still no court date, can the child support accumulate? How does the judge decide on an amount for the support?

Kristen Thurmond
Kristen Thurmond
answered on Sep 24, 2018

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... View More

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

I've been in court with my daughters father for over two years for custody and child support. The custody schedule is in place but I'm waiting on child support. It seems his lawyer is prolonging the case to keep him from paying. Every set court appearance for the past 5 months has been... View More

Lydia Seifner
Lydia Seifner
answered on Sep 18, 2018

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... View More

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

My child is 2 I have had him his whole life. My ex hasn't paid any child support, we were never married and already separated when my son was born. He never brought up in the OP about the child support, nothing. I don't know what to do they granted him the OP. We have court again this month

Kristen Thurmond
Kristen Thurmond
answered on Sep 13, 2018

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... View More

1 Answer | Asked in Family Law and Child Support for Missouri on
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
Kristen Thurmond
Kristen Thurmond
answered on Sep 13, 2018

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... View More

1 Answer | Asked in Divorce, Family Law and Child Support for Missouri on
Q: In my divorce case I wasn't given credit for overnight visitation on Form 14.

My attorney told me the Judge doesn't give credit for overnight visitation. This would have lowered my support by $599.00. Is what the attorney told me true?

Jennifer L. Rench
Jennifer L. Rench
answered on Sep 7, 2018

There are situations in which the overnight visitation credit may be rebutted or not given. For example, the overnight visitation credit will not be allowed (with certain exceptions) unless the adjusted monthly gross income of the parent receiving support exceeds a minimum set amount of income.... View More

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

The father ordered to pay just started working due to medical issues but only makes half of what ex (whom is primary) makes. He pays all childs expenses while at his home (buying clothes, food, etc), but court has ordered him to pay a quarter of what he makes a month all while trying to take care... View More

Lydia Seifner
Lydia Seifner
answered on Sep 4, 2018

It sounds like you need to talk to an attorney about seeking a modification.

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