Legal Question in Family Law in Missouri

How to collect back child support when lawyer didnt do their job

My husband divorced in 1997 -Johnson Cty MO. His oldest emancipated in May 1998 my husband paid all support. Youngest was given full custody to my husband whom he should have begun receiving support on in June 1998. No support rec'd. DCSC contacted in Jan 2001 said his lawyer failed to create a valid judgement entry and needed to modify it to show that my husband should begin collecting support after the emanicapation of the oldest son (five months after divorce degree). Attorney asked to correct, wants money to do so, we don't have it. Any options?


Asked on 1/09/02, 1:23 pm

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

Re: How to collect back child support when lawyer didnt do their job

If your attorney was professionally negligent in failing to obtain a final judgment for child support thus causing your husband actual damages (lost money), then your husband may have a claim against the attorney based on legal malpractice. Most attorneys have insurance to handle any claims against them based on malpractice, so that may be one source of recovery for you. I am NOT assuming that your attorney committed malpractice! This is something that you would have to have another attorney who handles such matters look into, before taking any action. You may ask other attorneys in your area if they would look into it for you, or you could contact the Missouri Bar in Jefferson City for their lawyer referral service. The mere suggestion that you are looking into a possible malpractice claim may convince your attorney to help you correct the situation without further ado. In any event, good luck to you.

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Answered on 1/09/02, 4:49 pm


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