Legal Question in Family Law in Missouri

Child Support and Reverse Child Support

Hello,

In March 2006, I sold our home where my two children and lived, in Missouri. In the mean time..I moved to California to be married. My children moved out here for 5-6 month. They were going to college here. They are 19 and 20, our divorce decree states, to pay me child support until they are 24 and half the college expenses. The children did not care for the rural college town and moved back to St. Louis with the father only temporary..my daughter has moved out and my son is looking for an apartment. In the mean time..I shared with my husband, the children living or visiting as we called it, was only temporary,therefore, I verbally shared with the ex he did not need to pay for child support while we were going back and forth with the move from Missouri to California, for months now..he agreed and would continue the child support after the children were settled. In the mean time he was not truthful. Now that the children are moving out from his home..remember this was only transitional, not the case of living with him permantantly. He will not pay child support, he states we lost our rights as soon as they moved in temporarly. He saw a lawyer..reverse child support? Can he do this..I want the support for their college.


Asked on 11/20/06, 1:11 pm

1 Answer from Attorneys

Michael R. Nack Michael R. Nack, Attorney at Law

Re: Child Support and Reverse Child Support

If your divorce decree was in Missouri, the child support Order would have been in effect for each child until each child reached the age of 18 unless the child proceeded on to college following high school. The statute requires the child to enroll full time by October first, carry a full course load, make passing grades, report all transcripts and class schedules to the non-custodial parent on a semester-by-semester basis, and other things in order for the child support obligation to continue until the child is twenty-two (not twenty-four as you posted) or until the child graduates from college whichever comes first. Any duty of the non-custodial parent to pay any part of the child's college expenses would be the subject of a different item in the Court Order, and under the applicable statute would probably limit that obligation to one-half of what it would cost to go to Mizzou. You say that the children went back to their Dad's with your consent. If they stayed more than thirty days, Dad has got an argument that his child support obligation was abated for any period of time after that first thirty days. This would not effect any obligation to pay college expenses. As far as "reverse child support", if Dad files a Motion asking the Court to award him child support, the earliest possible starting date for that child support would be the date he files the Motion or the date you are served with the Motion. However, with the facts that you give us, it would appear that the children are emancipated under Missouri law in that they are over eighteen and not in college. I would strongly suggest that you consult with an attorney regarding your rights and duties. My comments are not intended to provide specific legal advice to you, but are general in nature. Good luck.

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Answered on 11/24/06, 11:38 am


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