Legal Question in Family Law in Missouri
It has been almost 10 years since being divorced, no child support was ordered at the time ( I waived it ) because our daughter spent equal time with me and her father, now that has changed. We had a verbal agreement that he would help when needed and any large expenses we would split in half. He does carry insurance on our daughter which was ordered through the court, I also carry insurance on her. The verbal agreement has changed since he now has 2 (twins) that are 7. My daughter is with me Monday thru Friday after school then goes to her dads from Friday night till Sunday afternoon. Can modify child support now since he does not help me any longer?
2 Answers from Attorneys
Yes. Just keep in mind when you file a motion to modify support you open the door to a counter motion to modify custody. He may not have a leg to stand on but that probably won't stop him from trying to have something to negotiate with. Also, he will be allowed to use his twins to offset some from his child support. He'll still have to pay, but not as much as if you'd had a support order prior to the twins.
As long as you're going to be in court, you might has well address college expenses too.
I agree with everything that Mr. Hensley stated in his response. If you are in my geographical area, I have handled hundreds of these cases and you may certainly call me for a consultation.
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