Legal Question in Family Law in Missouri

Child support fraud

my ex wife claims that i've not paid child support for many years. we had agreement to pay outside of the court. i have cancelled checks that she deposited. she tells the child support people there is no agreement however, in a deposistion she admits to the agreement. can i bring fraud charges against her, can the criminal courts?

the child support people are after me to pay this money to her that i've already paid. need some answers...please.

also any recommendations for a serious father minded attorney would be apprieciated.


Asked on 6/12/02, 1:06 pm

2 Answers from Attorneys

Greg Kessler Frankel,Rubin,Bond and Dubin, P.C.

Re: Child support fraud

Unless you have a lot of money to pursue her, forget going after her and get the support issue straightened out! I can help, call me at 314 725-8000

Greg S. Kessler

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Answered on 6/12/02, 2:56 pm
Michael R. Nack Michael R. Nack, Attorney at Law

Re: Child support fraud

Believe it or not, the problem you face is a very common one. I have handled many similar situations for the father over the twenty-four years I have been practicing law. You should know that you needed legal advice back at the time you made your "agreement" with your ex-wife. An attorney would have told you that only the Court who Ordered child support in the first place (or the Division of Child Support Enforcement) can make any changes that are legally enforceable. In other words, Most fathers in your situation find out that they legally owe whatever child support has been ordered, and not whatever amount they subsequently agreed to pay. Whenever the ex-wife is willing to make a change, the father is well advised to file a Motion to Modify the original child support Order, and have the new agreement approved by the Court. Having said all of that, I am curious whether there are any other circumstances which might be relevant to your particular situation. Did you ever have physical custody of the child or children for more than thirty days following the entry of the child support order? If so, you may be entitled to an "abatement" under the law. Of course, there are many complicated rules of law which prevent many fathers from ever bringing the situation to the Court's attention especially if there has been a long time since the entry of the original Order. If you are not already represented by legal counsel you may call me for a free telephone consultation at 314-727-2822. If I am able to help you, I will quote you a reasonable retainer fee and we can schedule an appointment. If not, there will be no charge for my time. In any event I wish you the best of luck.

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Answered on 6/12/02, 7:30 pm


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