Legal Question in Family Law in Missouri
child mantience = alimony?
I was previously married and lived in Missouri. We divorced w/1 child and the noncustiodial was ordered to pay childsupport and maintaince in recongnition of the child's special needs until such time the child's health allows him to be out of my care (daycare or kindergarten). There was no other stipulations attached to this order. I have recently remarried and the noncustodial believes that I am no longer entitled to the maintaince support, due to the new marriage. He has been filing it on taxes as alimony although it has never been stated as so in our divorce order. Is this considered alimony? If so, does the same law apply, that once you get remarried you are no longer entitled to the maintaince?
Once again there is nothing inregards to me not being entitled to the maintanice if I remarried or any relationship of this maintence being reflected as alimony.
Please help, the noncustiodial father is trying to allow this to interfer with our ability to communicate with each other.
1 Answer from Attorneys
Re: child mantience = alimony?
Your question is somewhat confusing. Did the divorce court here in Missouri Order your ex to pay you "maintenance". This is not child support. This is money to help support you after the divorce. In fact it is called "spousal support" in some states. Another word for it, in fact, the word our courts used previously is "alimony". These are not two diffent concepts, as your question seems to suggest. Now, to answer your question, your ex's legal obligation to pay you maintenance would end immediately upon you getting remarried. This is the law, and it does not need to be stated in your Divorce Decree (family court judgement of dissolution).
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