Missouri child-support law change touches many issues
- Posted in the Missouri Forum
Comments (Page 113)
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The CP don't usually tell if they are overpaid. Imagine that!!
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Thanks for the info Disgusted - I will be using it & soon! I sure hope others out here see this and use it to open some eyes too! No, CSE sure isn't in any big hurry to fix their collection mistakes and the CP's I know sure weren't drawing anyone's attention to it either! Have a great day |
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AOL
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My husbands ex-wife owes us $20,000 in child support plus interest and cost of living increase. We live in TN, she in MO. They just can't find her!! She told us 8 years ago she'll never come back to TN to go to court. There is a warrant for her arrest here in TN. She is a screw-up, does drugs and alcohol etc.. Since we got custody in Jan. 2000 we have received 2 payments from her (the first two month). Her visitation and everything else has been taken away by the judge. Non-paying NCP should be ashamed of themselves!!!
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she or any ncp owes you nothing she and ncp owe the children child support --- hint the name child support
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You can check recent history of payments here http://www.dss.mo.gov/cse/ap.htm and i would if you've been having trouble. I've been paying that shithole state for over 10 years and fortunately have not had any trouble. |
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My husband and I were having a discussion about his cs. I do plan to consult an attorney but thought I would throw this out and see what opinions I got back.
His daughter graduated from HS in may. She will be 19 in two weeks. She hasn't enrolled in college yet (still says she plans to although we don't believe her since school starts in about 3 weeks) but.....hasn't been living with her CP since last October, has been staying with her maternal grandma and paying ALL of her own bills. Now, we think that she and her boyfriend are getting an apartment. I say that if she moves in with him, then CS should stop. My husband says that per MO law it doesn't matter as long as she enrolls in college. In the meantime, we are still paying her mother every month. Anyone with this experience???? |
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1 Doesn't matter if you don't believe she's going to go to college anyway. She probably won't go. So who cares. |
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You call MO a hole, and you live in the armpit of America, Ohio? |
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Since she doesn't live with the CP & is paying her own bills you should probably get an attorney & see about getting her emancipated or, have the child support monies go directly to his daughter. |
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An attorney is your best bet. As we've found on this site before, another NCP had to pay child support until college started in October to prove that his child wasn't going. Keep good records. |
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We were in a situation very similar to yours.(My husband is also the NCP) According to Missouri Law "Missouri Revised Statues, Chapter 452" 3. Unless circumstances of the child manifestly dictate otherwise and the court specifically so provided, the obligation of a parent to make child support payments shall terminate when the child: (4) Becomes self-supporting, provided that the CP has relinquished the child from parental control by express OR implied consent; (6) Reaches age 18, unless the provisions of subsection 4 or 5 of this section apply: or (5) If when a child reaches age 18, the child is enrolled in and attending a secondary school program of instruction, the parental support obligation shall continue, if the child continues to attend and progresses toward completion of said program, until the child completes such program or reaches age 21, whichever first occurs. If the child is enrolled in an instituion of vocational or higher education NO LATER THAN OCTOBER FIRST FOLLOWING GRADUATION FROM SECONDARY SCHOOL OR COMPLETION OF A GRADUATION EQUIVALENCE DEGREE PROGRAM..... Of course there is much more in the Statues, but I have included here the ones that sound like they apply in your case. If I were you, I would make the call to an attorney today. If CS payments are being taken out of your husband's pay, he may be due for a refund of the amount you guys have paid since October. Good luck, Lynn |
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“You cant win if you dont play ”
Joined: May 2, 2007
Comments: 408
ISP Location:
Okahumpka, FL
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Greetings, Here's the deal. Upon graduation from HS your daughter MUST demonstrate an IMMEDIATE intention to attend college or some other higher institution by production of an acceptance letter from the intended university or a schedule of classes she will attend or some other acceptable document. She cannot take a sabbatical. You have every right to file an "Order To Terminate Child Support In Suit" You must sue unless the States AG takes an interest in your case and files on behalf of the State to terminate support payments. Even though the wording in most support orders leads the NCP to believe that child support is self terminating upon completion of the the conditions set forth, this is not the case. It takes a court order to terminate your obligation unless the CP is in agreement with your position, then you can just mail a notarized affidavit to the support office that services your account. If you can show that your daughter had no intention to continue her education or that the mother intended to defraud you, you may be able to zero balance your obligation retroactively to your daughters' 18th birthday. This is what I did. |
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Thanks for all of the advice. I do have an update on the situation. My father in law is a professor at a small university in Texas. He was able to get my step-daughter into that school with virtually no out of pocket expense. Apparently, her mother went completely ballistic about the girl going away to college so now.....The last we heard on the issue, step-daughter had quit her new job and withdrawn money out of a cd that was set aside for college. For what purpose, we don't have a clue. I think she is avoiding her father right now. Hubby is going to try to talk to daughter tonight and see if he can't convince her that her mom is a whack job and she needs to accept the offer from grandpa. If not, mom can kiss cs goodbye!
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1 No one is saying that you shouldn't treat your son to a ballgame, etc. Matter of fact, that is great! What these others are talking about is CPs that don't spend the money on the children. CS is to support the child and you're doing a great job. Also, look at it this way...if he's that bad, you should be happy that he isn't a huge part in your sons life. |
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1 thanks Dear, Thank your for your email. I appreciate hearing the views and opinions of the people I represent. They help me to make better decisions on their behalf here in Jefferson City. Constituents across the state share the concerns you expressed regarding child support issues. If there is enough support to warrant new legislation next session, I will certainly keep your thoughts and concerns in mind. If you have further questions, please feel free to ask. Chuck Purgason |
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This is the address for Chuck Purgason ...sweb@senate.mo.gov
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1 What did you say in your letter? |
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I talked about how the CSE has been the most frustrating thing I have ever dealt with, the fact that you have to wait 8 months for a hearing, 7 months for a decision, how the form 14 needs to be refigured, how CSE has made mistakes and it should be mandatory that they send a detailed payment history to the paying parent at least quarterly. How it took them 5 minutes to make the mistake and 6 months for them to correct it. And last but not least, The NCP should NOT be forced to pay for a child after age 18. I told them the Government has no business telling the parent what to do (when they are not forced to keep paying Social Security,) how can they tell the NCP what to do after the child turns 18. I told them that I am convinced, that even tho there are deadbeat dads out there, I believe that there are probably men in prison who don't belong there, but got screwed by the system. The CS laws in Mo. need to change and I believe there are alot of people who would back them on this.I told them to read this site. Told them that I believe in supporting the children, but the NCP has to be able to get by also. I asked them to please realize this system is a big mess and to do someting about it.
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