Legal Question in Family Law in Missouri

Re: Colledting back child suppor.

To answer your question, you do not have to go through the division of child support enforcement, but it is an administrative process designed to assist you free of charge, and they may be better able to actually collect the money then you would be yourself. I suppose you could go through small claims court, but I wouldn't necessarily advise you to do so. You could probably get a judgment for the amount of past due support, and you might then be able to file a garnishment based upon that judgment, but any child support becoming due after the date of your judgment would not be included, and you would have to start all over again. Usually, when attorneys represent someone in your situation, we file a Motion for Contempt in the Court that granted your divorce. The ex-husband is required to appear in Court. If he does not a "body attachment" may be issued, and he will be picked up and held. If he is actually held in Contempt by the court, he may be confined until he purges himself of the contempt by paying what he owes. There is no filing fee although you may have to pay the sheriff's fees for serving the papers. Also, your divorce decree or separation agreement may have a term which would require your ex-husband to pay your attorney's fees if his refusal to obey the Court Order compels you to hire an attorney to enforce your rights. If so, most attorneys will require a retainer fee and will require you to pay all fees as they are earned with any money collected from your ex-husband going to reimburse you. If I might be of some service to you and you are not already represented by legal counsel you may call me for a free telephone consultation at 314-727-2822.