Best Child Support Lawyers in Missouri
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United States Child Support Legal Questions answered by Lawyers
Browse our 1 legal question about Child Support in United States and the lawyer answers, or ask your own questions for free.
- Child support laws
- it is the discretionary power of the court to determine the amount for the support of your child, it is not fixed amount
About Child Support Law in Missouri, United States
Child support is a legal obligation in Missouri that ensures children receive necessary financial support from both parents, even if the parents do not live together. In Missouri, child support is designed to cover the basic needs of a child, including housing, food, clothing, health care, and educational expenses. The state uses a specific formula and guidelines to calculate the amount of child support one parent may be required to pay the other, prioritizing the well-being of the child and their right to support from both parents.
Why You May Need a Lawyer
Many people find navigating the child support system complex and overwhelming. Some common situations where legal help is recommended include:
- Establishing paternity to begin a child support case
- Disputes about the amount of child support owed or paid
- Situations where one parent is not paying the ordered child support
- Modifying existing child support orders due to changes in income or living arrangements
- Concerns about enforcement, such as wage garnishment or contempt actions
- Understanding your rights if you are receiving or paying child support
Having an attorney can help ensure your rights and your child’s best interests are protected throughout the child support process.
Local Laws Overview
Missouri has specific statutes and guidelines governing child support, primarily found in Missouri Revised Statutes Chapter 452. Key aspects of Missouri’s child support laws include:
- Child support is usually ordered until the child turns 18, or 21 if the child continues in college or meets other requirements
- The state uses the Missouri Form 14, a worksheet to help calculate child support based on the parents' income, the cost of healthcare and childcare, and other relevant factors
- Both parents’ incomes are considered, as well as the time each parent spends with the child
- Modifications can be made if there is a significant change in circumstances, like a job loss or change in custody
- The Missouri Family Support Division is responsible for enforcing child support orders and can use measures such as wage withholding or intercepting tax refunds to collect support
- Failure to pay child support can have legal consequences, including driver's license suspension, contempt of court, and, in severe cases, jail time
Frequently Asked Questions
How is child support calculated in Missouri?
The calculation is based on both parents’ gross income and other factors using Form 14, which considers healthcare, childcare, and other costs. The resulting amount is what the non-custodial parent is usually ordered to pay.
Do I still have to pay child support if I lose my job?
Yes, child support does not automatically stop if you lose your job. You must request a modification from the court to adjust the payment amount due to significant changes in circumstances.
Can child support be modified?
Yes, either parent can request a modification if there is a substantial and continuing change in circumstances, such as a change in income, job status, or custody arrangements.
What happens if I do not pay child support?
The state can enforce payment through wage garnishment, seizing tax refunds, suspending driver's or professional licenses, and potentially holding you in contempt of court, which may lead to jail time.
At what age does child support end in Missouri?
Generally, child support ends when the child turns 18, but it may continue until age 21 if the child is enrolled in college or meets certain educational criteria. Exceptions apply if the child is emancipated or has special needs.
Who enforces child support orders in Missouri?
The Missouri Family Support Division is responsible for enforcing child support orders and has various tools for ensuring payments are made.
Can I receive child support if I was never married to the other parent?
Yes, both married and unmarried parents can seek child support. However, paternity must be legally established if parents were not married.
Do both parents have to pay child support?
Usually, the non-custodial parent pays child support to the custodial parent to cover the child’s needs. However, both parents’ incomes are considered in determining the appropriate amount.
Can I get retroactive child support?
Courts can order child support beginning from the date the petition was filed, but generally do not grant support for periods before legal action was taken.
What should I do if the other parent moves out of state?
Missouri can enforce child support across state lines through federal and interstate agreements. Contact the Family Support Division for help collecting payments from parents living in another state.
Additional Resources
If you need more information or assistance with your child support situation in Missouri, consider reaching out to the following resources:
- Missouri Family Support Division - Provides services for child support establishment and enforcement
- Missouri Courts - The local circuit court in your county processes modifications and disputes
- Legal Aid Organizations - Many regions have non-profit legal services that offer free or reduced-cost help for eligible individuals
- Missouri Bar Association - Offers lawyer referral services
- Missouri Child Support Guidelines and Form 14 - Available through the Missouri Supreme Court or Family Support Division for review
Next Steps
If you are seeking legal advice or need help with a child support matter in Missouri, consider the following steps:
- Document your income, expenses, and any communications regarding child support
- Gather relevant court documents, such as existing support orders, custody agreements, or paternity documents
- Contact a qualified Missouri family law attorney to review your situation and advise you on your options
- Apply for services or modifications through the Missouri Family Support Division as needed
- If you are unable to afford an attorney, seek assistance from legal aid organizations or the court’s self-help resources
Taking prompt and informed action is key to ensuring your rights and your child’s interests are protected throughout the child support process in Missouri.
Disclaimer:
The information provided on this page is for general informational purposes only and does not constitute legal advice. While we strive to ensure the accuracy and relevance of the content, legal information may change over time, and interpretations of the law can vary. You should always consult with a qualified legal professional for advice specific to your situation. We disclaim all liability for actions taken or not taken based on the content of this page. If you believe any information is incorrect or outdated, please contact us, and we will review and update it where appropriate.