What is supposed to happen when a child attains the age of emancipation (or is emancipated under one of the other rules set out in the statute) is that the custodial parent is supposed to notify the other parent that the child is now emancipated. There's a form for that. Custodial parent files the form with the court and sends a copy to the other parent. No problem.
If the custodial parent doesn't send the form to stop the child support, the paying parent can fill it out himself and send it in to the court. The paying parent then has to have the other parent served before the court can do anything with it - like stop the child support, for instance.
Here's where the plot thickens.
Imagine, if you will, that you are the parent receiving child support and you don't really want the child support to end. You know that the court will tell you to pay back the money that you were overpaid, but, since you don't have any money or assets (lawyers call these folks judgment proof), you don't really care.
For instance - child has now passed his 21st birthday. Actually child passed the 21st birthday a long time ago. And Mom is not about to file the affidavit of termination because it would terminate the child support payments and she rather likes having them come in. So Dad fills out the forms to stop the child support and sends them in to the court for processing and to get Mom served.
Mom ducks service. For a long time.
Dad has process servers stake out Mom's house - to no avail. (Mom's really good at ducking service.)
So, how does Dad get the child support stopped? That's the problem - there is no way that's been set up by the legislature for Dad to be able to stop the child support - even if the child won't see the sunny side of 25 again.
Now you might think this would never happen. You would - unfortunately - be wrong. It happens. Some of the judges will help lawyers do a work around - and they certainly deserve praise for their efforts. One would think, however, that a member of the legislature could put a bill in the hopper to plug this rather ugly hole in the statute.
Showing posts with label child support. Show all posts
Showing posts with label child support. Show all posts
Thursday, October 22, 2009
Monday, September 21, 2009
Missouri lets dads contest paternity
A new statute allows dads to contest paternity in divorce and paternity cases.
Here's the way it works:
If you question the paternity of a child and get a paternity test that shows that the child is not your child, you will be allowed to ask the court to set aside the order that legally says you are the child's father. The challenge to the paternity order must be done within 2 years (2 years from late December if there's already an order).
If the dad is found really to not be dad, under the new statute, he won't be able to collect child support that has already been paid - no refunds. If there is an arrearage in child support, it appears that the arrearage will go away.
Here in Jackson County there are special dockets set up to handle these cases. At this point, as you might guess, no one really knows how many people will be effected.
One of the reasons no one really knows is that there is a question as to whether the statute applies just to people who have paternity judgments - or (and this is really the bigger concern) whether it also applies to folks who are divorce and have children.
It is likely that there will be a challenge filed sometime in the next several months - especially since so many families have to deal with the courts with regard to their children. Parents who have children outside of marriage already are in the position of needing to get DNA testing to verify the parentage of their children. It would be sad, indeed, if the courts extended the need for DNA testing to include everyone with children who is getting a dissolution of their marriage.
Here's the way it works:
If you question the paternity of a child and get a paternity test that shows that the child is not your child, you will be allowed to ask the court to set aside the order that legally says you are the child's father. The challenge to the paternity order must be done within 2 years (2 years from late December if there's already an order).
If the dad is found really to not be dad, under the new statute, he won't be able to collect child support that has already been paid - no refunds. If there is an arrearage in child support, it appears that the arrearage will go away.
Here in Jackson County there are special dockets set up to handle these cases. At this point, as you might guess, no one really knows how many people will be effected.
One of the reasons no one really knows is that there is a question as to whether the statute applies just to people who have paternity judgments - or (and this is really the bigger concern) whether it also applies to folks who are divorce and have children.
It is likely that there will be a challenge filed sometime in the next several months - especially since so many families have to deal with the courts with regard to their children. Parents who have children outside of marriage already are in the position of needing to get DNA testing to verify the parentage of their children. It would be sad, indeed, if the courts extended the need for DNA testing to include everyone with children who is getting a dissolution of their marriage.
Monday, August 10, 2009
Responsibility for notification of emancipation
In Missouri, the parent who receives child support has a responsibility to notify the other parent when a child becomes emancipated.
Having just read that, you might think "well, who cares? If I can get my child's father to pay for a few more months, it will be a good thing. And besides, what's he going to do about it?"
Well, slow down. He has statutory remedies.
If you, as a parent receiving child support, decide to not let the other parent know when an event that terminates child support has occurred, you become liable to the other parent to repay him the amount of the child support that he shouldn't have had to pay. If there is another child in your family, that means that the child support amount will be adjusted back to the date of emancipation and the paying parent will be entitled to receive a credit.
So - think about this scenario. Your oldest child just graduated from high school and ran off and got married or joined the military or started working full time. Aha, you think, I can use the extra child support for the baby (who is, by now, 13 or 14 years old). So you don't tell the paying parent that he's no longer liable to support the older child.
A few months later, the paying parent finally figures out that the older child is emancipated and files a motion with the court to have that child declared emancipated and have the child support readjusted to reflect just one child. Aha, you figure - all I have to do is duck service and I can keep on receiving the child support for 2 children even though I'm only eligible to receive child support for one child.
That's what we call a bad thought - and an expensive one at that.
What really happens is that you are just delaying the inevitable. The older child is still emancipated (and just because you duck service for a while doesn't change that). When the service is completed, you will have more months for which you will owe the paying parent a refund.
Usually the courts will let you have the refund amount taken as a reduction in the child support you would otherwise receive for the remaining child, and then spread that over a period of months - or, sometimes, even years (depending on the age of the younger child).
So, if you had been receiving $500.00 for both of the children and the child support for just one child is $350.00, here's how it can play out: The older child becomes emancipated and you don't get served with a motion to terminate child support for 6 months. 6 times 150 is $900.00. So you owe the paying parent $900.00. Either you or your lawyer must then negotiate how that money gets paid out. And, if you delay the reduction to child support for just one child past the 6 months in my example, the amount of the difference (whatever number that might be) just keeps on increasing the amount you owe the other parent.
Having just read that, you might think "well, who cares? If I can get my child's father to pay for a few more months, it will be a good thing. And besides, what's he going to do about it?"
Well, slow down. He has statutory remedies.
If you, as a parent receiving child support, decide to not let the other parent know when an event that terminates child support has occurred, you become liable to the other parent to repay him the amount of the child support that he shouldn't have had to pay. If there is another child in your family, that means that the child support amount will be adjusted back to the date of emancipation and the paying parent will be entitled to receive a credit.
So - think about this scenario. Your oldest child just graduated from high school and ran off and got married or joined the military or started working full time. Aha, you think, I can use the extra child support for the baby (who is, by now, 13 or 14 years old). So you don't tell the paying parent that he's no longer liable to support the older child.
A few months later, the paying parent finally figures out that the older child is emancipated and files a motion with the court to have that child declared emancipated and have the child support readjusted to reflect just one child. Aha, you figure - all I have to do is duck service and I can keep on receiving the child support for 2 children even though I'm only eligible to receive child support for one child.
That's what we call a bad thought - and an expensive one at that.
What really happens is that you are just delaying the inevitable. The older child is still emancipated (and just because you duck service for a while doesn't change that). When the service is completed, you will have more months for which you will owe the paying parent a refund.
Usually the courts will let you have the refund amount taken as a reduction in the child support you would otherwise receive for the remaining child, and then spread that over a period of months - or, sometimes, even years (depending on the age of the younger child).
So, if you had been receiving $500.00 for both of the children and the child support for just one child is $350.00, here's how it can play out: The older child becomes emancipated and you don't get served with a motion to terminate child support for 6 months. 6 times 150 is $900.00. So you owe the paying parent $900.00. Either you or your lawyer must then negotiate how that money gets paid out. And, if you delay the reduction to child support for just one child past the 6 months in my example, the amount of the difference (whatever number that might be) just keeps on increasing the amount you owe the other parent.
Monday, July 20, 2009
Missouri's requirements for child support after high school graduation
We are now at the time of the year when recent high school grads start enrolling in their post-secondary classes. Here in Missouri, if a parent has been paying child support for that grad, now is the time to start looking at the state requirements to continue getting assistance.
High school grads who are planning on continuing their education are eligible to have child support continued - and get help with tuition expenses - under certain conditions. The first is that the student will be pursuing higher education. That can mean trade school, beauty school, massage therapy school - or it can mean college.
The student must be enrolled as a full time student (Missouri says that means 12 hours as a general rule). Or, if the student is working at least 20 hours a week, he or she can be enrolled in as few as 9 credit hours.
The student must give BOTH parents official notification of his or her classes. This is one of the requirements that gets a lot of push back. I frequently hear students complain about having to send an official notice of enrollment to the parent who's been paying child support. The statutes are quite clear, though - and so is the case law. Without the notification to both parents the student runs a significant risk of being ineligible to continue to receive child support. Occasionally, I have seen a court that will allow a student to ignore this requirement, but that is the exception to the rule.
The absolute deadline for getting enrolled and getting all the information to both parents is October 1st. If you wait past the date of enrollment, it's really easy to forget to get the official enrollment notifications to both parents. Much easier to do it all at the same time.
High school grads who are planning on continuing their education are eligible to have child support continued - and get help with tuition expenses - under certain conditions. The first is that the student will be pursuing higher education. That can mean trade school, beauty school, massage therapy school - or it can mean college.
The student must be enrolled as a full time student (Missouri says that means 12 hours as a general rule). Or, if the student is working at least 20 hours a week, he or she can be enrolled in as few as 9 credit hours.
The student must give BOTH parents official notification of his or her classes. This is one of the requirements that gets a lot of push back. I frequently hear students complain about having to send an official notice of enrollment to the parent who's been paying child support. The statutes are quite clear, though - and so is the case law. Without the notification to both parents the student runs a significant risk of being ineligible to continue to receive child support. Occasionally, I have seen a court that will allow a student to ignore this requirement, but that is the exception to the rule.
The absolute deadline for getting enrolled and getting all the information to both parents is October 1st. If you wait past the date of enrollment, it's really easy to forget to get the official enrollment notifications to both parents. Much easier to do it all at the same time.
Thursday, June 4, 2009
Missouri shutters the Fair Share program - no more help for parents struggling with child support
Effective July 1, 2009, Missouri is cancelling the Fair Share program. This was the program that helped parents who had lost their jobs to find a way to continue paying child support. Without Fair Share, a father who has lost his job and is more than $10,000.00 behind in child support is left with no safety net. Even if he finds a job, he will still be left vulnerable to prosecution.
When I contacted a representative from Missouri's child support enforcement agency to discuss options for parents who are behind in their child support, I was told the only option is the career center through the state, but that working with the career center will not prevent prosecutions.
The closing of the Fair Share program means that either Missouri is going to turn a blind eye to dads who are not paying their child support or Missouri is going to renew its efforts to prosecute dads who are behind on their child support. Neither of those alternatives is a good one.
In the first alternative, the children of this state are going to be without the support their noncustodial parent could provide if he were able to find employment. In the second alternative, not only do the children lose - but the state will be exchanging the cost of social workers for the higher cost of prosecutors and judges. That doesn't seem like a good trade off to me.
If you agree and would like to express your opinion to the child support enforcement office or to the director of social services, here is a link to their telephone numbers.
When I contacted a representative from Missouri's child support enforcement agency to discuss options for parents who are behind in their child support, I was told the only option is the career center through the state, but that working with the career center will not prevent prosecutions.
The closing of the Fair Share program means that either Missouri is going to turn a blind eye to dads who are not paying their child support or Missouri is going to renew its efforts to prosecute dads who are behind on their child support. Neither of those alternatives is a good one.
In the first alternative, the children of this state are going to be without the support their noncustodial parent could provide if he were able to find employment. In the second alternative, not only do the children lose - but the state will be exchanging the cost of social workers for the higher cost of prosecutors and judges. That doesn't seem like a good trade off to me.
If you agree and would like to express your opinion to the child support enforcement office or to the director of social services, here is a link to their telephone numbers.
Friday, May 29, 2009
Missouri set to allow dads to challenge final paternity judgment
There's a law working it's way through the Missouri legislature that will permit dads to challenge final paternity judgments under certain circumstances.
What has been happening is that men would be named as the biological father of a child who is not really their biological child in an administrative action. The man then either throws the paperwork from the child support agency away because he's sure he's not the dad (you laugh, but it does happen) or blows off the hearing. Since the man doesn't seem to object, the child support agency makes a finding of paternity against him and enters a child support order.
As it usually happens, time goes by. The man (who is now declared to be dad) forgets all about the paperwork he got from the child support folks. Then, eventually there comes a knock at his door. The next thing that comes about is a warrant for his arrest for nonsupport or his paycheck is garnished. Neither of these results is exactly good news for him. After all, remember, he's not really the biological dad of a child - at least not as far as he knows.
So - a bad result has happened.
The first thing that springs to the guy's mind is: Wait a minute - I'm not this child's father. So off he goes to hire an attorney to fix it.
Under the current law, the child support part of the problem doesn't go away. You have already had a chance to show you're not dad. You blew it off. So you can't complain now.
That's going to change in a significant way if this new bill is signed by the governor. If the bill passes, guys who have already been determined to be the father of a child will have a two year period to bring the issue back in front of the court, get paternity testing and get your child support arrearages (if any) taken off.
If the bill is signed into law, guys who are just now entering in the child support system, will have two years from the date on which the child support order is entered against them.
There are some other legal hoops that you will need to deal with if you want to bring child support up again. The only effective way to address it is to get help from your attorney. He or she will be able to guide you through the requirements.
What has been happening is that men would be named as the biological father of a child who is not really their biological child in an administrative action. The man then either throws the paperwork from the child support agency away because he's sure he's not the dad (you laugh, but it does happen) or blows off the hearing. Since the man doesn't seem to object, the child support agency makes a finding of paternity against him and enters a child support order.
As it usually happens, time goes by. The man (who is now declared to be dad) forgets all about the paperwork he got from the child support folks. Then, eventually there comes a knock at his door. The next thing that comes about is a warrant for his arrest for nonsupport or his paycheck is garnished. Neither of these results is exactly good news for him. After all, remember, he's not really the biological dad of a child - at least not as far as he knows.
So - a bad result has happened.
The first thing that springs to the guy's mind is: Wait a minute - I'm not this child's father. So off he goes to hire an attorney to fix it.
Under the current law, the child support part of the problem doesn't go away. You have already had a chance to show you're not dad. You blew it off. So you can't complain now.
That's going to change in a significant way if this new bill is signed by the governor. If the bill passes, guys who have already been determined to be the father of a child will have a two year period to bring the issue back in front of the court, get paternity testing and get your child support arrearages (if any) taken off.
If the bill is signed into law, guys who are just now entering in the child support system, will have two years from the date on which the child support order is entered against them.
There are some other legal hoops that you will need to deal with if you want to bring child support up again. The only effective way to address it is to get help from your attorney. He or she will be able to guide you through the requirements.
Friday, April 10, 2009
Requirements for child support during college
In Missouri, parents who are paying child support can be ordered to help pay college expenses until the child reaches the age of 21. However, kids have to meet these requirements in order to maintain eligibility for college assistance from your parents:
1. You have to be enrolled for at least 12 credit hours (Nine credit hours if you work an average of 15 hours a week.)
2. You have to send both of your parents an official copy of your enrollment information at the first of the each semester and of your grades at the end of each semester.
Parental support can stop if:
1. You fail at least half of your classes in one semester;
2. You don't send your parents proof of your enrollment or proof of your grades each semester;
3. You drop classes so that you are not enrolled for enough hours for the semester; or
4. You take off for a semester -- whether that is for the first semester when you would normally start college or for later semester.
If you don't give your parents a copy of your grades and they ask for one, you have 30 days from when the school gives you the grades to get them to your parents. If you don't do that, after 30 days you can lose your eligibility for continued parental support.
1. You have to be enrolled for at least 12 credit hours (Nine credit hours if you work an average of 15 hours a week.)
2. You have to send both of your parents an official copy of your enrollment information at the first of the each semester and of your grades at the end of each semester.
Parental support can stop if:
1. You fail at least half of your classes in one semester;
2. You don't send your parents proof of your enrollment or proof of your grades each semester;
3. You drop classes so that you are not enrolled for enough hours for the semester; or
4. You take off for a semester -- whether that is for the first semester when you would normally start college or for later semester.
If you don't give your parents a copy of your grades and they ask for one, you have 30 days from when the school gives you the grades to get them to your parents. If you don't do that, after 30 days you can lose your eligibility for continued parental support.
Friday, April 3, 2009
When does child support stop for a child in Missouri?
If you are paying or receiving child support under a Missouri order, you may wonder when the child support ends. The general rule is that child support ends when one of the following happens:
1. death of the child;
2. the child gets married;
3. the child becomes self-supporting (but only if the residential custodian has given up parental control of the child);
4. the child enters the military;
5. the child reaches 18 years of age AND is no longer a full time student AND is not so disabled that the court extends child support beyond the child's 18th birthday;
6. The child continues his or her education beyond high school (either with college, university of a trade school) and notifies you, and completes enough credit hours and gets good enough grades to have child support continue.
Child support ENDS on the child's 21st birthday unless the court finds the child is disabled.
The parent receiving child support is supposed to send a notice to you and the court when the child no longer qualifies to receive child support. If she doesn't do that you can send the notice to the court.
If she doesn't notify you that the child support has ended, she may have to pay you back - with interest.
The notification form (with instructions) is here.
1. death of the child;
2. the child gets married;
3. the child becomes self-supporting (but only if the residential custodian has given up parental control of the child);
4. the child enters the military;
5. the child reaches 18 years of age AND is no longer a full time student AND is not so disabled that the court extends child support beyond the child's 18th birthday;
6. The child continues his or her education beyond high school (either with college, university of a trade school) and notifies you, and completes enough credit hours and gets good enough grades to have child support continue.
Child support ENDS on the child's 21st birthday unless the court finds the child is disabled.
The parent receiving child support is supposed to send a notice to you and the court when the child no longer qualifies to receive child support. If she doesn't do that you can send the notice to the court.
If she doesn't notify you that the child support has ended, she may have to pay you back - with interest.
The notification form (with instructions) is here.
Friday, March 20, 2009
Child Support for a disabled child doesn't have to end in Missouri
If you have a seriously disabled child and are divorced or in the process of getting divorced, continuing support for your child as they become an adult can be a concern.
The rules having to do with ending child support don't necessarily apply where the child is seriously disabled. A serious disability is a disability that will keep the child from ever supporting himself. For some children this means that the child will live in a group home or other sheltered facility after the death of her parents. For other children, the disability can mean that, although the child doesn't have to live in an institution, the child will never be able to become self-support, whether the child's disability is physical, emotional, or learning-related.
Fortunately, it is possible in Missouri to have child support continue past the normal age of emancipation. If a court finds the disability is serious the court can order the child support to continue into the child's adulthood.
If you have a seriously disabled child who will be needing support from his parents throughout his life, you should discuss this issue with your attorney.
The rules having to do with ending child support don't necessarily apply where the child is seriously disabled. A serious disability is a disability that will keep the child from ever supporting himself. For some children this means that the child will live in a group home or other sheltered facility after the death of her parents. For other children, the disability can mean that, although the child doesn't have to live in an institution, the child will never be able to become self-support, whether the child's disability is physical, emotional, or learning-related.
Fortunately, it is possible in Missouri to have child support continue past the normal age of emancipation. If a court finds the disability is serious the court can order the child support to continue into the child's adulthood.
If you have a seriously disabled child who will be needing support from his parents throughout his life, you should discuss this issue with your attorney.
Thursday, February 12, 2009
Missouri's Fair Share Program
With the economy being as bad as it is, many people are finding it increasingly difficult to pay their child support.
The Missouri Family Support Division has a program called their Fair Share Program to help folks who are finding themselves in this situation. The Division asks folks to ask themselves these questions - and, if the answers are "yes" to contact the Division to ask about participating in the program: (1) Do you have trouble making your child support payments? (2) Are you looking for a job? (3) Do you want to be more involved with your child(ren)? and (4) Are you having trouble making ends meet?
The requirements to participate in the program are: (1) You must be at least 18 years old; (2) You have to live in Missouri; (3) You have to be unemployed or underemployed; (4) You have to be required to pay child support on a child who doesn't live with you and (5) You have to have a case with Child Support Enforcement.
The Fair Share Program is good for families. It helps both parents by helping them address the economic realities they each face.
The contact number for the Family Support Division is 1-800-859-7999
The website address is: http://www.dss.mo.gov/cse/pfs/index.htm
The Missouri Family Support Division has a program called their Fair Share Program to help folks who are finding themselves in this situation. The Division asks folks to ask themselves these questions - and, if the answers are "yes" to contact the Division to ask about participating in the program: (1) Do you have trouble making your child support payments? (2) Are you looking for a job? (3) Do you want to be more involved with your child(ren)? and (4) Are you having trouble making ends meet?
The requirements to participate in the program are: (1) You must be at least 18 years old; (2) You have to live in Missouri; (3) You have to be unemployed or underemployed; (4) You have to be required to pay child support on a child who doesn't live with you and (5) You have to have a case with Child Support Enforcement.
The Fair Share Program is good for families. It helps both parents by helping them address the economic realities they each face.
The contact number for the Family Support Division is 1-800-859-7999
The website address is: http://www.dss.mo.gov/cse/pfs/index.htm
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