Child Support
Grace Law Firm | Child Support Services In St. Louis, Missouri
At Grace Law Firm, we understand that navigating child support issues can be complex and emotionally challenging. Missouri law requires both parents to financially support their children, ensuring that their needs are met regardless of changes in family dynamics. Our experienced attorneys are here to guide you through the child support process, offering compassionate and knowledgeable legal assistance.
Empowering Families with Fair and Compassionate Child Support Solutions
Understanding Child Support in Missouri
Alternatives to Court for Child Support
Not all child support arrangements need to go through the court system. Missouri offers various services that can help parents receive child support outside of court.
If Child Support has never been previously ordered a new request for child support can be made through the Missouri Department of Social Services.
For more information about these services, you can visit the Missouri Department of Social Services Child Support website.
Here, you will find resources and tools to help you:
- Establish paternity
- Set up child support
Utilizing these resources can often start the process but see below for more information about modifications or child support orders through the Courts.
Child Support
Child support in Missouri is a financial obligation imposed on non-custodial parents to help cover the costs of raising their children. The purpose of child support is to ensure that children receive adequate financial resources to meet their needs, regardless of the parents’ marital status or living arrangements.
Key Aspects of Child Support in Missouri
Legal Requirement:
- In Missouri, both parents are legally required to support their children financially. The custodial parent (the one with whom the child primarily lives) supports the child directly, while the non-custodial parent (the one who does not live with the child) typically makes child support payments.
Calculation Method:
- Missouri uses a standardized formula known as “Form 14” to calculate the appropriate amount of child support. This formula considers various factors, including:
- The gross income of both parents.
- Costs associated with the child’s healthcare and daycare.
- The amount of time the child spends with each parent.
- Existing child support orders and other relevant financial obligations.
Court Orders:
- A court order often determines child support payments during divorce proceedings or paternity actions. However, parents can also agree on a support amount without court intervention, provided it meets legal requirements and is approved by the court.
Modification of Orders:
- Child support orders can be modified if circumstances substantially and continuously change, such as changes in income, custody arrangements, or the child’s needs. To be considered substantial, a change must typically result in a 20% or more difference in the support amount.
Enforcement:
- Missouri has mechanisms to enforce child support payments if the non-custodial parent fails to pay. These can include wage garnishment, interception of tax refunds, and suspension of professional licenses. The Missouri Department of Social Services Child Support Enforcement (CSE) can assist in enforcing support orders, but this can also be done through Motions for Contempt in Family Court Cases.
Child Support Lawyers for YOU and Children
At Grace Law Firm, we believe that fulfilling child support obligations should not come at the cost of your financial stability. It’s essential to find a balance that ensures the child’s needs are met while allowing the supporting parent to maintain a reasonable standard of living. Our experienced attorneys can assist you with:
Creating fair and manageable payment plans
Advocating for your financial interests in court
Exploring all possible avenues for modifications based on changes in income or expenses
We are committed to helping you achieve a sustainable solution that supports both you and your child’s financial well-being.
Child Support Shouldn't Ruin Your Financial Wellbeing
Frequently ask questions
Can I get child support during a divorce or paternity action or do I have to wait for the final judgment?
If you and your spouse can’t agree on an appropriate amount of child support during the divorce proceeding, or if your spouse refuses to pay you anything, the court will enter a temporary child support order (called a “pendente lite” or “PDL” order) that will remain in place until the divorce is finalized.
What information goes on Form 14?
The main factor used to calculate child support using Form 14 is one’s Gross Income. Gross Income includes all income, earned and unearned, before all deductions are taken out for taxes, retirement, insurance, etc. Additional sources of income that many people do not think about including are those earned from trusts, commissions, overtime, tips, bonuses, dividends, interest, and many more.
- Number of children
- Work-related child care
- Previous orders of child support
- Maintenance (alimony) payments
- Health insurance costs (children only)
- Uninsured medical costs
- Educational expenses (private and parochial, elementary, middle, high school, and post-secondary)
- Number of overnights with the children
What about daycare and insurance costs?
Daycare costs may increase the amount of child support awarded, so long as it is being used to allow the parent receiving child support to work or attend school. The out-of-pocket medical insurance expenses incurred by the receiving parent can, under some circumstances, increase child support payments. Child support will also be adjusted to account for the parent paying for the children’s insurance.
I’m Not Married To My Child’s Father; What Is The First Step?
It may go without saying but the first step is to determine who the child’s father is. If the father signed an affidavit at the time of birth and his name is on the birth certificate or he has a positive DNA test, a presumption of paternity has been established. If the father disputes paternity, a judge can order a DNA test. The next step is to file a paternity action.
If I Receive Child Support, Is That Income I Am Taxed On At The End Of The Year?
No. In fact unless you agreed otherwise, you should be able to claim the dependency exemption and child care credits at the end of the year. Tax implications regarding children change frequently and may have been changed by agreement or order of the court in your specific case. Before filing, consult all court orders that cover your case and a tax professional if necessary.
Can my child support payment be modified?
The key is that there must be a change in circumstances so substantial and continuing that the payments become unreasonable. Specifically, if the application of the factors mentioned above would result in a 20% or more change in the child support payment, there is evidence of a substantial change in circumstances.
When does the child support obligation end?
Generally, the child support obligation ends when the child dies, gets married, enters active duty in the military, becomes self-supporting, or turns 18 unless the child is physically or mentally incapacitated, or the child enrolls in a program of higher education. Missouri’s child support laws differ from those of other states, in that child support obligations may continue well past high school. Child support obligations generally extend until a child turns 18 years old or obtains a high school diploma, whichever happens later. At this point, if a child enrolls in “an institution of vocational or higher education” no later than October first, the child support obligation will continue to be due as long as the child remains enrolled in school and completes at least 12 hours of coursework per term, achieving passing grades in at least six hours. Once the child reaches age 21 or “completes his or her education,” whichever comes first, the child support obligation ends. Missouri’s law dealing with child support after high school can be confusing and poses potential traps for the unwary, so please consult a legal professional.
My ex filed for bankruptcy. Will they be able to stop paying child support?
No, the child support obligation will continue. However, since an ex filing for bankruptcy may affect many other aspects related to a divorce, please contact an attorney immediately if you receive notice of a filing.
Will I have to support my Step-children after my divorce?
A spouse with no legal tie to the step-children will have no child support obligation and will be granted no custody rights. Children of a prior marriage should already be adequately supported by a child support order from the earlier divorce or paternity action.
Do we have to follow the child support guidelines?
Not necessarily. You and your spouse can mutually agree to child support payments that are higher or lower than the guidelines recommend. However, if there is an order in place, child support should comply with the order until you consult with an attorney.
Disclaimer: The information provided in this FAQ section is for general informational purposes only and does not constitute legal advice. Every case is unique, and the answers here may not apply to your specific situation. Contact Grace Law Firm directly for personalized legal guidance. Reading or relying on this information does not create an attorney-client relationship.