ChildSupportinMissouri (Child Support in Missouri)

Child Support in Missouri

INTRODUCTION

The purpose of this pamphlet is to answer some of the questions frequently asked about obtaining and enforcing support orders, and to give you an idea of the services which are available to assist you in your efforts.

Child Support in Missouri: Establishing and Enforcing Your Rights was prepared by the Young Lawyers’ Section of The Missouri Bar and was generously sponsored by the Young Lawyers Division of the American Bar Association.

Committee: Mary‑Michael Kelly, Esq., chairman, and special thanks to committee members: Melissa Mauer‑Smith, Esq. and Mark Katz, Esq. from the Family Support Division of the Jackson County Prosecutor’s Office, Kansas City, Missouri, for their contributions to this publication.

ESTABLISHMENT OF CHILD SUPPORT ORDER

What is child support?

Child support is money that a non-custodial parent is ordered to pay on a regular basis to help pay for the costs of raising his or her child.

What is a child support order?

A child support order is a document from a court or Family Support Division (FSD). It states 1) when, 2) how often and 3) how much a parent is to pay for child support. A child support order is usually included in a divorce judgment or paternity judgment.

Am I entitled to obtain a child support order?

If you have physical custody of your child rather than legal custody, if you are in the process of getting divorced, or if you are separated from your spouse, or if you have actual custody of a child for whom paternity has not been legally determined and there is no support order, then you are probably entitled to obtain an order for child support.

What amount will I receive for child support?

The State of Missouri has established guidelines for child support orders. These guidelines consider the needs of the child(ren) and the income of each party, i.e. the custodial and non‑custodial parent, and costs for child care and health insurance. Therefore, the amount of child support you receive will be different depending on your individual circumstances.

Who can change or terminate a child support order?

Only the court can change or terminate court ordered child support orders. Under no circumstances can the parties agree between themselves to alter a court order without the court’s permission.

In cases where FSD has issued an administrative order, FSD has the authority to modify the child support amount.

How do visitation and joint custody affect child support?

Child support is not affected by visitation in most cases. Only a court can change a child support order because a custodial parent has not allowed the court ordered visitation. By the same token, visitation cannot be denied because a parent is behind in child support payments. Any questions you may have on visitation issues should be discussed with your attorney.

In my divorce decree, the court did not order any child support. Can I apply for child support now?

You may be able to obtain an order of child support administratively or through FSD-CSE, depending on the language in your divorce decree.

Also, you may wish to speak with an attorney about changing the terms of your original decree. In some cases, the court may change an order of child support if the evidence supports a modification.

Who can order child support to be paid?

A child support order can be entered in several ways. A judge may issue a temporary order while a divorce or legal separation is pending, and the order may be finalized at the end of the case. A judge may issue an order as part of a paternity case. An order may also be entered as part of a juvenile proceeding, or as part of an adult abuse action. If a court has not already ordered child support, the director of the Family Support Division may issue an order in certain cases.

What is the Family Support Division?

The Missouri legislature set up the Division of Child Support Enforcement to locate parents, establish paternity, establish child and medical support orders, monitor and enforce compliance with child and medical support orders, review and initiate modification of support orders and distribute support collections. It is sometimes referred to as a IV‑D agency, because it was created under Title IV‑D of the Social Security Act.

In this brochure it will be referred to as FSD.

How can I sign up for the services of FSD's Child Support Program?

Applications for child support assistance can be obtained at your local FSD Child Support office, by calling 1-800-859-7999, or on the web at www.dss.mo.gov/cse/appforms.htm.

Do I have to meet any financial qualification in order to obtain the assistance of the Family Support Division - Child Support Enforcement?

No. Child support services are available to all custodial parents, regardless of income level.

Can I get child support if I am receiving Temporary Assistance?

When a family is receiving Temporary Assistance benefits (also known as public assistance benefits), the family’s support rights are assigned to the state (turned over to the state in exchange for receipt of a cash assistance grant and other benefits). This means the state will keep all or some support payments to offset Temporary Assistance amounts the state paid to the family. FSD collects child support on behalf of families receiving public assistance not only to eliminate their dependence on assistance programs, but also to reimburse the state for the benefits provided to these families.

Who keeps track of my child support payments?

Child support payments are collected and disbursed by the Family Support Payment Center.

When does the child support obligation end?

Usually, child support will terminate at the age of emancipation, which differs in each state. In most cases in Missouri, the obligation to pay child support will end when the child is between the ages of 18‑21 years. The actual date of emancipation will depend on whether the child has graduated from high school and is attending some form of higher education. Other factors include whether the child is married, is on active duty in the armed forces, or is self‑supporting.

My spouse and I are separated, but neither one of us has filed for divorce or legal separation. Our children are living with me. What can be done to get child support for my kids?

An attorney or the Family Support Division’s Child Support Program may be able to assist you in obtaining a child support order. FSD cannot assist individuals in obtaining a divorce or legal separation; therefore, you may wish to contact an attorney to discuss your options for obtaining a divorce or legal separation.

PATERNITY ISSUES

The father of my child and I are not married. Can I receive child support from him?

Your case can be handled either by FSD or your own attorney and would generally be called a paternity case. In a paternity case, once paternity (fatherhood) is established, you may be able to obtain child support from him for your child.

How long does it take to get an order establishing paternity?

If the father of the child is unwilling to cooperate in establishing paternity and it must be proven that he is the father, establishing paternity can be a long process. Every case is different and the time span varies widely. If, on the other hand, the father legally admits his paternity, the case can proceed fairly quickly.

Will a blood test be done in my paternity case?

Generally, in cases where a man denies that he is the father of your child, a very sophisticated series of tests will be done on a specimen of blood from the mother, the child, and the man in order to get a scientific probability of paternity.

ENFORCEMENT OF CHILD SUPPORT ORDER

I already have a child support order, but the other parent isn’t paying. What’s the next step?

Once you have a child support order, if the support is not being paid, the next step is to enforce the order. You may try to enforce the order on your own, or you may wish to speak with an attorney or go through FSD.

How can a child support order be enforced?

FSD helps families receive their child, medical and spousal support by:

Withholding income (wages, workers’ compensation benefits, unemployment compensation benefits, etc.);
Intercepting federal and state income tax refunds;
Ordering employers to enroll non-custodial parents’ children in health care plans;
Reporting no-ncustodial parents who owe past-due child support to credit bureaus;
Filing liens on personal and/or real property;
Intercepting lottery winnings;
Suspending licenses (drivers, recreational, professional);
Asking the prosecuting attorney to file civil contempt or criminal non-support charges; and
Working with other states to collect support when non-custodial parents live outside Missouri.

Usually, the quickest and most effective ways to enforce a child support order are through wage assignments and garnishments. These are orders to employers, banks and others who may owe money to the absent parent to pay the delinquent child support instead of the absent parent. Other methods of enforcement include real estate liens, personal property liens and attachments. These methods are usually more time-consuming and, in the case of attachments, may involve large cash deposits to cover sheriff’s fees, storage and court costs.

What is civil contempt of court?

A civil contempt order is one way that a judge can enforce a child support order. In certain circumstances a support obligor may be sent to jail until he or she pays off the child support arrearage. Civil contempt is a very complicated area of law. It is recommended that you consult an attorney or the FSD rather than trying to obtain a civil contempt order on your own.

What if the non-custodial parent is not in Missouri?

The fact that a non-custodial parent does not live in this state may make child support collection more difficult. However, all 50 states have passed laws which increase interstate cooperation. You may wish to contact your attorney to discuss the possibility of registering your child support order in the non-custodial parent’s state.

FSD has the ability to cooperate with IV‑D agencies in other states through administrative procedures. The agencies may also work together by filing a petition under the Uniform Interstate Family Support Act (UIFSA).

What will happen to the child support if I move out of Missouri?

In most cases, child support is not affected if you leave the state. If you have child support collection problems, you should contact the IV‑D agency in your new location. You should be aware, however, that leaving the state may have implications where custody and visitation are concerned.

If you are thinking of leaving the state, it is recommended that you speak with your attorney to get a full explanation of your rights and responsibilities.

What can I do to help the FSD obtain and/or enforce the child support order for my kids?

FSD staff wants to provide helpful and courteous service. Parents can help by providing as much information as possible. Information they can provide includes:

Legal documents such as birth certificates, marriage licenses, divorce decrees and support payment records;
Information about the other parent’s home address, employer and/or other income source;
Complete financial information; and

Any changes in job, address or health care coverage.

What about:

Custody ? Visitation ? Divorce ? Abuse ? Mediation/Arbitration ?

These issues are beyond the scope of this pamphlet and you may wish to discuss them with your attorney. FSD does not have the authority to deal with these issues, but may be able to refer you to agencies providing mediation services to address such issues.

HELPFUL RESOURCES

Look in your phone book or call directory assistance for the local number on these topics.

For Child Support

— Family Support Division - Child Support Enforcement

For Divorce, Visitation, Custody, Child-Support

— Attorneys
— County Bar Association
— Legal Aid

For Food Stamps and Aid to Families with Dependent Children (AFDC/Welfare)

— Family Support Division
— Family Services
— Food Stamps

FOR LEGAL ADVICE

If you need help finding a lawyer call The Missouri Bar

Lawyer Referral Service at 573/636-3635

In St. Louis, call 314/621-6681

In Kansas City, call 816/221-9472

In Greene County, call 417/831-2783

The location and contact information for each FSD child support office

may be found at:

http://www.dss.mo.gov/cse/index.htm.

Individuals interested in FSD’s child support services can also call 1-800-859-7999.