Legal Question in Family Law in Missouri

what am i liable for

Ex's divorce decree states 1/2 college expenses & child support. Son is 20 & supposedly attending college. Ex garnished wages with no proof of expenses. Hired attorney to fight garnishment & terminate child support. Bad experience with attorney, still fighting outcome (charged $2,000+ to fight garnishment-had husband sign agreement to pay $2,300/have proof attorney said nothing was owed due to revised statute 452.340 failure to notify), modified support be paid directly to son. Son has attended three colleges in past 3 yrs, lives in his own apt., collects $100 weekly from us, fails to notify classes or grades. At this point trying to find out recourse we have ie: can we terminate C.S.? Can we fight college expenses for failure to notify? Ex then filed garnishment for $4200 filed to quash (pro se)judge would not even listen, held the garnishment. Have now paid $2900 for college expenses plus $100 wkly to child-still no proof. Son keeps repeating classes due to failure, are we responsible each quarter to pay for repeated classes? Has not attended school during summer, are we still liable for C.S.?


Asked on 8/10/02, 10:01 am

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

Re: what am i liable for

I have had a great deal of experience in matters such as yours. I do not know what your prior attorney did, so I am not in a position to address that topic. However, I can tell you that different judges interpret and enforce the child support law in different ways. Some judges will grant a motion to terminate child support based on the failure of the custodial parent or the child to comply with the notice requirements, or based upon the child not maintaining sufficient grades, while other judges will not. In cases where the judge will not enforce the technical requirements of the law it may be advisable to take the case to the Court of Appeals. But, again, diffent appellate courts interpret and enforce the law in different ways, so there is no guarantee that you will prevail even if you take the matter up on appeal. All an honest attorney can do is present the evidence and legal argument as zealously as possible. The result is largely determined by the manner in which the court(s) in your particular case exercise their power. Unfortunately, most people in your situation do not have the funds needed to fight such a legal battle on the chance that you will win. If you are located in the Eastern half of the state and are not currently represented by legal counsel I would be happy to offer you a free telephone consultation. You may contact me at 314-727-2822.

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Answered on 8/10/02, 5:36 pm


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