Ask a Divorce Lawyer topics for Feb. 25: Notification of moving states; Paying child support

Among the Ask a Divorce Lawyer questions answered today by Cordell & Cordell attorneys:

• The mother of my child gave me 60 days notice she was moving out of state with our daughter but moved before the 60 days were up? What can I do?
• Can I pay my child support directly to my daughter?

Question:

Can a mother lie about a reason to move from one state to another state and take my daughter with her and get away with it? She gave me a 60-day notice in writing, but moved before the 60 days were up. She also lied about why she was moving. Told me her husband had to move becasue of military orders, then I found out he was not even in the military.

Answer:

I would refer you to Missouri Revised Statute Number 452.377.11 to ensure that your daughter’s mother fully complied with the notice requirement. If she did not comply with the statute you may be able to contest the move and notification given to you. If she did fully comply with the above statute,  I believe that you may be able to contest the move based upon the misrepresentations made to you.  Certain time restraints may apply in your situation. As such, I believe that you should consult with an attorney as soon as possible.

Keep in mind that although I am a Missouri attorney, I cannot give you detailed advice without reviewing all the facts. You should not rely on this answer as establishing an attorney-client relationship and should seek an attorney in your are should you need additional information or legal representation. Cordell & Cordell, P.C. has many attorneys in Missouri who would be glad to meet with you should you so choose.

Andrew VanNess is an Associate Attorney in the Kansas City, Missouri office of Cordell & Cordell, P.C. where he practices family law. Mr. VanNess is licensed to practice in Missouri. Mr. VanNess received his B.S. in Geography with a minor in Biology from Northwest Missouri State University, and his Juris Doctor from the University of Missouri-Kansas City School of Law.

Question: 

Can I start paying child support directly to my daughter who is over 18 now? That way she actually gets a benefit from the support payment.

Answer:

I must preface my answer I am licensed to practice law in Nebraska. Before taking action I advise you to speak with a domestic litigation attorney licensed in New York.

Is the child still living at with her mother? If not, then you might be able to get formal child support stopped due to emancipation, and then you could support her informally if you wish. If you stop paying child support directly to the child’s mother, you risk a contempt of court hearing. At that hearing you could show that you have paid the child support directly to the child and that the child is not living with the mother and, therefore, shouldn’t receive your support payments. However, the court could still find you in contempt. It is generally better to get the court’s permission before you change your support payment.

If she is still living at home but you don’t believe she is getting any benefit from the child support you pay, then I would suggest a hearing in front of the court requiring the mother to prove up the manner in which she spends the child support. Keep in mind that child support can go to general expenses, like living expenses (rent, groceries, etc…) in addition to expenses that are specific to just your daughter.

 Nancy R. Shannon, a Nebraska native, is an Associate Attorney in the Omaha, Nebraska office of Cordell & Cordell, P.C. She is licensed in the state of Nebraska where her primary practice is exclusively in the area of domestic relations. Ms. Shannon received her Bachelor of Arts degree from Doane College and her Juris Doctor from University of Nebraska – Lincoln, where she was a finalist in a Moot court competition and active in Client Counseling activities.

Comments (1)

Nancy R. Shannon's Response to Dad's request to pay support directly to daughter
written by CP, February 25, 2010

I find it interesting that you never questioned WHY this Dad is still paying child support even though the child is over 18. If this is arreared support that he is FINALLY paying the custodial parent, then it is reimbursement for the money already expended on the child and the payment MUST go directly to the custodial parent.

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