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Tags >> MO
Question: Hello: My 18-year-old daughter is graduating from high school at the end of May. She has informed my ex-wife whom she lives with, and myself, both verbally and by email, that she does not intend to go to college this fall, but instead to get a job and work for a year. She has not applied or enrolled in any college. My question is, can I stop child support in June? I have been informed by my ex-wife that our daughter will not be going to college this fall and my daughter emailed this statement to me. I feel this should be a clear cut basis for filing the necessary papers to end the child support, but am confused by the part of the law that states the child has until October to be in college. Can I end child support payments in June or wait until October, even though I have been informed by my ex and the child herself that she has no intention of going to college this fall. Answer: I am not licensed in your state. It is important to contact an attorney in your state. Some states allow you to emancipate your child at 18 if she does not enroll in college and is self-supporting. However, there may also be a requirement that a certain amount of time passes after her eighteenth birthday. In some states it is 4 months. I would consult an attorney now to determine the time frame in your state. You may be able to file now.
Question: I have visitation rights with my son. He is now 18 years old and he has not been to my house in 3 years. I have had very limited contact with him by phone. I have continued to pay the support, but I just found out that he will not be graduating this May. When I call his house I am hung up on or my call goes directly to the machine. Can I file something to stop the support even if he continues with high school and graduates late? I feel I have fulfilled my obligation, and I will not assume any responsibility for his failures in school since I was not allowed to participate. Answer: I am not licensed in Missouri. You should also consult an attorney licensed in your state. Unfortunately, your obligation to support your son does not go hand in hand with your right to see him. In other words your support obligation does not terminate because of his refusal to visit with you. You need to contact an attorney in Missouri to determine if child support ends at 18 or when he graduates from high school. If it continues to high school graduation, determine if there is a means to terminate support based on your son failing to graduate on time.
Question: I have a 3 year old son with an ex-girlfriend. My current wife and I were told we can no longer see him, due to the fact that in February 2005, I was asked by his mom if I would take him and look after him while she went on vacation for her birthday. I told her no simply because the last two times he was with me (while she went out of town) she didn't return when she said she would and caused me to recieve a warning and a write up on my job due to tardiness. She immediatlely said I will never see him again, and even called my sister, who would get him some weekends from her, and told her she can't see him anymore because she knows that she would let me see the child. I'm ordered to pay child support. Now I don't have a problem paying it. I want to take care of my son, but if I can't see him do I still have to pay? What can be done? I'm sure she can't have it both ways. Answer: It is unclear in your question if you have a court ordered custody order. You need to file a Petition for Determination of Father-Child Relationship (a paternity action) to establish any physical or legal custody rights to your child. The division of child support enforcement can determine paternity and enter a child support order, but cannot enter a custody order. If you do not have a custody order from a court you cannot stop paying child support because you are denied visitation. However, if you have a child custody order that the mother is refusing to file, I suggest that you file a Motion for Family Access and Motion to Suspend Child Support. Missouri has a law that allows a parent to petition the court to suspend child support when court ordered visitation is denied for thirty days or more.
Question: I have filed for divorce in MO in December and am asking for custody of my children since that
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