Legal Question in Family Law in Missouri

My ex-husband pays child support for our two children. He had the older child emancipated after he withdrew from a college course bringing him below the full-time status. The state retroactively reports overpayment to me. My ex-husband wants to collect the money from me. I am wanting to know if the state will charge me for this overpayment of $2000.


Asked on 4/03/13, 1:03 pm

1 Answer from Attorneys
Anthony Smith LawSmith

It may be charged back to you, but does not seem likely. If the child was emancipated, the obligor, (here the father) has the burden to get the Support Order Modified, in order to claim overpayment. You did not indicate How your Son was emancipated. If you or your Son were not given adequate Notice, there may be something that can be done there. Also, if your Son is not yet 22, and gets enrolled full time, Support may continue or restart. You were not able to provide enough information here to estimate if you will be surcharged for overpayment of Support. Therefore, I suggest that you consult directly with a family law attorney in your area. Many offer a free or low cost initial consultation. Gather your documents and contact one.

You were wise to seek general information here. Be smart and get advice specific to the facts of your matter.

Good luck

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Answered on 4/05/13, 5:05 pm


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