Full question:
I proudly pay my wife child support directly to her each month as ordered by the Court. I believe my eldest daughter has been emancipated since 11/1/07. She is eighteen years old, she quit high school, moved out of her mother's house, and works full time, making almost what I do. For the past 5 months I have continued to pay the same amount for both daughters, but am financially broke. 1. Do I have to have an attorney to petition the Court to have the amount reduced (if I'm correct and she is emancipated) even though I can't afford it? 2. Or should I speak with Dept of Social Services, thus involving them, which might still get the amount reduced, but then they might/would beinvolved each month with payments for younger daughter?
- Category: Divorce
- Subcategory: Child Support
- Date:
- State: National
Answer:
In a proceeding for dissolution of marriage or legal separation, the court may order either or both parties to pay a reasonable amount necessary for the support of a child of the marriage. The Missouri legislature has established child support guidelines which establish the presumptive correct amount of child support. The obligation to pay child support terminates upon the death of the child, the marriage of the child, the child entering active duty in the military, the child becoming self-sufficient, the child reaching eighteen (18) years of age, or, if the child is enrolled in a secondary school program of education, when the child reaches the age of twenty-two (22) years of age.
When the parties enter into an agreement, or when a party is required by court order to make any payments for support, maintenance, or alimony, and the circumstances or the financial ability of either party changes, either party may apply for an order decreasing or increasing the amount of support, maintenance, or alimony. A modification of a child support order may only be made upon a showing to the court of a change in circumstances that would result in a change of support from the existing amount by twenty percent (20%) or more. You may decide to represent yourself in bringing a petition to modify your child support order after reading the order for specific information relating to when it terminates and the modification process and after notifying your ex-spouse of your understanding as to when your responsibilities pursuant to the order ends.
This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.
