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Child support obligation -- Missouri

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Latest post Wed, May 4 2016 10:13 AM by ca19lawyer2. 11 replies.
  • Mon, May 2 2016 5:18 PM

    Child support obligation -- Missouri

    I have a son that is starting Kindergarten.  I divorced my wife and the terms of the divorce stated that I did not have to pay her any child support or ailimony.

    Now my son will be living with her full time (not split like we did when he was not in Kindergarten) and she wants money for before and after school care through the school.  Since I am not obligated to support this, does she have a case when she takes me back to court?  Can she amend our agreement and will I have to worry about paying anything?

     

    We make similiar salaries.

  • Mon, May 2 2016 8:47 PM In reply to

    Re: Child support obligation -- Missouri

    wallssothick:
    Since I am not obligated to support this, does she have a case when she takes me back to court?  Can she amend our agreement and will I have to worry about paying anything?

    Yes, to both questions.

    Apparently, you had equally shared custody where CS would have been a wash.

    Now she will have the child living with her full time which is a significant change in circumstances which is likely to convince a judge that you should pay child support.

     

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  • Tue, May 3 2016 9:01 AM In reply to

    • Drew
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    Re: Child support obligation -- Missouri

    Alimony is likely a closed page in the book..

     

    But if there is a substantial change in the custody arrangement odds are she is entitled,to revist that age andetition that new fact pattern be applied 



  • Tue, May 3 2016 9:07 AM In reply to

    • Drew
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    Re: Child support obligation -- Missouri

    1. PS. If custody goes from 50/50 in terms of nights to virtually all nights spent with Mom ..she may be entitled to,seek far more ....so think twice before you fight over a smaller sum ....do the new math.
    2. Think thru who gets to claim child as dependent ..if if its you in alternate years, be sure you get the right tax forms to keep IRS happy . 



  • Tue, May 3 2016 11:37 AM In reply to

    Re: Child support obligation -- Missouri

    I guess my question is why would you think you dont have to pay child support if she has the kid full time? Alimony is likely not possible but you are obligated to help support the kid. Your agreement to waive support no longer applies since she now has the kid full time.

    So she is certainly entitled to before and after school care help. Why should she be stuck payng this? I cannot see how this will look good in court if you fight her on this. Child care kind of goes with the territory at that age. This stuff is normally split between parents. If she has to take you to court to ask for what is fair you could be paying her legal fees too. I dont see hoew you are being reasonable at all.

    Why is custody being changed? Are you going to see your son at all?

     

  • Tue, May 3 2016 12:34 PM In reply to

    Re: Child support obligation -- Missouri

    wallssothick:
    Since I am not obligated to support this, does she have a case when she takes me back to court?

    This question is oddly phrased since she obviously would be asking the court to modify the existing situation whereby you aren't obligated to pay support.  Typically, a change in circumstances will justify a modification in the exsisting custody/visitation/support order, and you have indicated that the circumstances have changed because the child is now living with your ex-wife "full time (not split like [you] did when he was not in [k]indergarten)."  It is, therefore, very likely that the court will modify the order and require that you pay support and/or contribute to the cost of after-school care.

     

    wallssothick:
    Can she amend our agreement and will I have to worry about paying anything?

    She cannot amend your agreement unilaterally.  However, as noted, she certainly can ask the court to modify the existing order.

  • Tue, May 3 2016 2:20 PM In reply to

    • Drew
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    Re: Child support obligation -- Missouri

    If there is no change of,circumstances then there may not be a valid basis to revisit child,support .

    Note that K is not required by law in your state ....so to maintain the status quo is one option. ? 



  • Tue, May 3 2016 2:45 PM In reply to

    Re: Child support obligation -- Missouri

    Drew you do alot of babbling with really no help offered. Circumstances have changed as the father no longer has 50/50.

     The IRS rules have changed and the person who has the child 51% of the time or more now get to claim regardless of what the decree says. Only decrees drafted 2008 or earlier does the IRS consider. So not only does the poster not get to claim on taxes, he doesn't even want to pay any support.

     

  • Think thru who gets to claim child as dependent ..if if its you in alternate years, be sure you get the right tax forms to keep IRS happy . 
  •  

  • Tue, May 3 2016 2:47 PM In reply to

    Re: Child support obligation -- Missouri

    The original court order stated that my ex would have him full time when he entered Kindergarten.  Is that considered a change of circumstance if it was in the original order?

  • Wed, May 4 2016 5:16 AM In reply to

    • Drew
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    Re: Child support obligation -- Missouri

    That's an interesting question ....as posted it might seem that Mom /K  is the situation ordered in order and not a change ......of course the other side has a point too....and a change built into order is still a change? 

    OK, let's split hairs, the order most certainly can address for example that parents alternate the years of claimin child ..and require the issuance of form 8332 ....IF the order is silent and one parent falls,below the criteria to claim own xhild..well he or she cannot claim child 

     

    As to poorly written orders or whatever isn't posted....keep in mind that there is no legal requirement to go to K  in your state 



  • Wed, May 4 2016 5:19 AM In reply to

    • Drew
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    Re: Child support obligation -- Missouri

    And it's not rare that a parent may delay sending a boy to K  as they may feel boy not yet ready ......



  • Wed, May 4 2016 10:13 AM In reply to

    Re: Child support obligation -- Missouri

    If the original decree anticipated and provided for a custody change at a particular age but did not provide for a corresponding change in the child support, then it might not constitute a change of circumstance that would justify modification of child support.  Consult with a local family law attorney for a review of the relevant documents and advice.

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