Legal Question in Family Law in Missouri

Child support refund

I just found out that my daughter (who I've been paying support for) quit going to college in mid-October. What are the chances of me getting Nov., Dec., and Jan. support back? I haven't paid Feb. support because my daughter moved in with my mother the first week of Jan. this year. But if I can get my $1200.00 dollars back (that I feel shouldn't have been paid) if they'd told me then that she had stopped going to college, I'd really like to try.

Thank you for your time,


Asked on 2/02/05, 12:01 am

1 Answer from Attorneys
Michael R. Nack Michael R. Nack, Attorney at Law

Re: Child support refund

You should file a Motion to Terminate Child Support immediately and ask for the Court Order to be made retroactive. Technically, you were (and are) still under the pre-existing Court Order to pay, but if the child's mother does not resist, you may be able to get the money back. Also, the law really only allows the Court Order to be made retroactive back to the date of filing or service of your Motion so you should proceed without delay. In St. Louis County, the circuit clerk's office provides forms (but no legal advice) and a person can try to accomplish all of this on his own. Often it is better to pay an attorney to take care of the legal business to be sure that it is done correctly, efficiently and immediately. If you are in the Eastern half of the state and need any assistance you may call me for a free telephone consultation at 314-727-2822.

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Answered on 2/03/05, 12:05 pm


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