Legal Question in Family Law in Missouri

My son lives in Missouri and his ex-girlfriend and daughter live in Michigan. He has been out of work and not able to pay child support. She asked him if he wanted to give up his rights to his daughter and she would then drop the child support. He does not have court ordered custody but his name is on the birth certificated. At this point in his life he feels like he has no other options but to do this because DFS has already had his driver's license suspended for not paying support and he has no means of affordable public transportation in a rural area, not to mention no job. My question is about how this process has to be handled. Does this have to be handled in court and approved by a judge in Michigan or can she call Michigan DFS and handle it over the phone, and if this was the course of action would it eliminate the back owed child support also. He has tried dealing with Missouri DFS and not been very successful with someone returning his calls for help. If the child support is dropped, he can get his license re-instated and then hopefully find a job and be able to support himself.


Asked on 5/08/14, 10:14 am

2 Answers from Attorneys
Anthony Smith LawSmith

Add for Missouri law, her can only give up his visitation or custody rights, not his obligation to pay support. If the support was ordered by a Michigan Court, you'll have to ask someone admitted to practice there.

Good luck

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Answered on 5/09/14, 4:00 am
Mel Franke Mel G. Franke, Attorney at Law

I can not give advice about Michigan law. Because Michigan is the "Home State" of the child, you must speak with a Michigan attorney.

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Answered on 5/09/14, 12:05 pm


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