Legal Question in Family Law in Missouri

Father's Rights of Child When X-Wife Moves

My husband has a 10yr old daughter, he pays past/current child support. His x-wife is remarried with 3 additional children and last yr moved out of state. My husband does not even have joint custody and we have to live our lives around his x-wife. I think my husband pays too much child support and should not be held for some of the back child support since she was remarried within months of divorce and her current husband makes 10x what my husband makes. I feel he should also have a say in his daughter's life and that his x-wife should bare the costs of bringing daughter to visit us rather than us having to always pay since she moved out of state. Does my husband have any legal rights to do anything?


Asked on 1/15/03, 1:51 pm

2 Answers from Attorneys

Re: Father's Rights of Child When X-Wife Moves

Has there been any modifications by the court since the original divorce decree? If not, it sounds like your husband may want to consider filing a Motion for Modification of the Child Support award. Under Missouri law, he must show a substantial and continuing change of circumstances since the last child support order was entered by the court. If his ex-wife has remarried and moved out of state since the last order, it is highly possible that he would meet this legal standard. Making the determination of whether it would be worthwhile for him to file a Motion to Modify is dependant upon all the facts of his particular case (changes in income of parties (including spouse's incomes), changes in visitation, etc...) If you are located in the western half of MO and would like further assistance, feel free to give me a call. Best of luck with your situation.

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Answered on 1/15/03, 6:05 pm
Michael R. Nack Michael R. Nack, Attorney at Law

Re: Father's Rights of Child When X-Wife Moves

I agree with the previous response. An attorney would need to interview your husband to determine whether it would make sense to seek a Modification. If you are located in the Eastern part of the state and are not already represented by legal counsel, you may call me for a free telephone consultation at 314-727-2822. In any event, good luck to your and your husband.

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Answered on 1/15/03, 8:20 pm


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