Legal Question in Family Law in Missouri

I have joint custody of my two boys with my ex wife as the primary. I am involved in thier lives, I am several thousand arrears in child support, but have paid two years without missing a payment and am paying back the arrears monthly. Her boyfriend of 4 years is getting transferred to New Orleans for his job and she wants to take the kids. My question is, do I have a legitmate shot at preventing her from doing this if I am behind on my child support. I do not want to cause a huge fight and spend thousands in a court battle if being behind would be a determining factor...She is adament that if I don't agree she will take it to the courts. If anyone could give me some advice...I would greatly appreciate it.


Asked on 1/10/12, 2:38 pm

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

I do not believe that being behind on child support payments would be a deciding factor if relocation must be litigated, but I would need to do the legal research to be absolutley sure. I do know that the Judge would consider what is in the best interest of the children, and there is a presumption that it is in their best interests to have a meaningful relationship with both parents. In many relocation cases the parent who desires to move is allowed to do so as long as adequate provisions are made to assure significant and meaningful parenting time is enjoyed by the other parent. I have handled quite a few of these cases since the relocation statute was enacted, and you can contact me for a free telephone consultation if you are not already represented by an attorney.

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Answered on 1/10/12, 4:42 pm


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