Legal Question in Family Law in Missouri

My fiance has a daughter from a previous marriage and has shared joint custody for the past two years. Her mother has stated that she is handing over her rights completely to him, but would like the child every other weekend and every other holiday. He is going to have papers drawn up stating those two requests, and that he is the custodial parent now. She then wanted to talk about him paying child support payments to her, even though she will only have the child 4 days out of the month, and every other holiday. Not to mention, that SHE makes more than he does! We live in Missouri, is that something that is legal for him to have to pay child support to her when he has the child full time? Especially the fact that she makes more than him? I would love an answer to this question. I am HIGHLY frustrated at this point. I don't see why we have to foot the time and the bills that his daughter incurs, and pay his ex at the same time for a child that she will rarely ever have. Any input would be valueable. Thanks!


Asked on 1/23/13, 3:58 pm

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

First of all, the father should file a Motion to Modify. A written agreement changing custody terms even if signed by the Mother will not change the existing Court Order. In the Motion to Modify proceedings child support will be recalculated. I would strongly advise the father to consult with an attorney.

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Answered on 1/23/13, 7:10 pm


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