An attorney can help you develop a strong defense to limit the possibility of jail time so you can get back on track with your child support payments. Many noncustodial parents think that if they fall behind on child support at a time when they are genuinely not able to make a payment, what they owe can, later on, be lowered by the court when an excuse is provided.
If you wait to describe your circumstances, the court will be unable to decrease the back payments you owe. With the help of an attorney, it is essential that you alert the court as soon as your financial situation changes, offer evidence of the decrease in earnings, and ask that your payments be lowered appropriately. If you do this, the court might briefly or completely lower the number of future payments.
Without taking appropriate action, your likelihood of going to jail and the length of your jail sentence will only increase. If you have been arrested for contempt of court, your child support order will continue while you remain in jail. You will be required to petition the court to request a decrease in your support amount based upon what you can make while in jail or prison. While this might be tough, it is very crucial that you attempt to do this. It is up to the court to figure out whether to reduce your child support due to the fact that you have been locked up, but your attorney can help advocate for this option on your behalf.
If your child support order has been decreased or suspended while you remain in jail, your release is considered a substantial and material change in circumstances. When this happens, the court needs to alter your support order.
As an outcome, the quantity you pay in child support will likely increase to show your earning capability after your release from jail. Before the amount of your child support payments increases, the court will need to be asked and consent to alter the amount of child support you owe. If you believe you may be going to jail for child support, your top priority should be to contact civil litigation lawyers in Springfield MO as soon as possible.
If you are ordered to pay child support, you likely know that it is required to be paid each month. However, many of our clients wonder when their child support payments will end. In Missouri, there are numerous ways that child support can end, or be ended. In most cases, child support will end when the child has been emancipated, and this happens either by the child reaching the age of majority or through legal means.
In the State of Missouri, emancipation is governed by statute and case law. Missouri child support laws specify that unless the situations of the child and the Court determine otherwise, child support orders end when the child passes away, marries, goes into active service in the military, becomes self-supporting, reaches eighteen unless they fall under exceptions or reaches the age of twenty-one. Self-supporting means that the custodial parent has given up the child from adult control by express or implied consent.
It can likewise mean that the child has left the home and is now situated elsewhere. Twenty-one is the age of emancipation in Missouri. When this happens, some parents look for legal guardianship over their adult child. What you will often find is that something can be worked out to allow you to reduce or miss a payment, which would then be required to be made up at some point. You should also consider contacting the other parent of your child.
See if he or she is willing to work out some kind of agreement with you based on your circumstance. If there is an agreement put in place, this can be a mitigating circumstance which will require the court to take no action. Understand that they will work with you if you give them the opportunity. If you are finding yourself in this situation, it is best that you contact an attorney to see what your options are.
This is especially true if you are behind in your payments and are concerned that the judge may file a contempt of court order against you. By having an attorney contact the court on your behalf, you can preempt any kind of action that may have gone against you. Even if there is an order for your arrest at this point, working with an attorney can assist you to resolve this issue without an arrest being necessary.
It is important that you understand you should not simply let this go and hope it goes away. The longer you allow your payments to lapse, the more likely it is that you are going to find yourself in a really bad situation legally. This is why you should contact us at JacksonWhite to see how we can assist you. Yes, the order to pay the child support remains in effect until you ask the court to change the order. The court can change the support order if the court finds there has been a substantial change in circumstances.
If the court does not change your support order, then your current order remains in effect. If you get SSD, you and your dependent children may get payments from the government. Sometimes the court will allow SSD payments to your dependent children to count toward your child support obligation. If you get SSI, then the court cannot make you pay child support. What if I stopped paying support because my child came to live with me? If your child comes to live with you, you should notify the court and ask the court to stop your child support order.
Can I stop paying? Even if you think the child should not get support anymore because the child is too old or living on her own , you should not stop paying support until the court gives its approval. You will need to notify the court to ask that your child support obligation stop. If you owe back support, the court can order that you continue paying the back support even if the court says your child is emancipated. My child just turned Can I stop paying child support?
Not if the child is still in high school. If the child is still a high school student, you will probably have to pay the support until the child has completed the school year during which the child turns
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