Legal Question in Family Law in Missouri
Im paying child support, but i have the kids now
In the beginng of the divorce i payed 60.00 a month child support , then he told me that he didnt need my small 60.00. I never worked when we were married but i was made to pay. Now i have the kids and he is taking child support out of my check, what can i do?
1 Answer from Attorneys
Re: Im paying child support, but i have the kids now
If your ex-spouse voluntarily surrenders the kids to you for more than thirty days, I believe that the law allows you an "abatement" such that you could defend any action he takes to collect child support for any time over the thirty day period. In most cases it would be better for you to take him back to Court on a Motion to Modify and get a Court Order granting you physical custody of the kids and ordering your ex-spouse to pay you child support. You may also be able to get an Order for him to contribute to your attorney's fees. If you are in the eastern part of the state I may be able to offer my services. Feel free to call me at my office.
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