Are You Getting Enough Child Support?

When two parents are married and living in the same home, it goes without saying that they share the financial responsibilities of raising their children. If that couple gets divorced, however, the division of these financial responsibilities becomes more complicated. When a child spends the majority of his time at one parent's household, how can that parent be sure that the other is fulfilling his or her share the financial responsibilities? That's where child support comes in.

The Concept Behind Child Support

The custodial parent assumes responsibility for the majority of the daily expenses associated with raising children, such as the cost of:
  • Food
  • Clothing
  • Living accommodations
  • Daycare
  • Medical bills
  • Education

The burden of these expenses can be alleviated by the non-custodial parent helps alleviate the burden of these expenses by giving money to the custodial parent. This payment is called "child support." Child support is a legal order, and failure to make the appropriate payments can result in steep penalties. Typically, the custodial parent is eligible to receive child support until the child turns eighteen or graduates high school (whichever is later) or until the child turns twenty-one if attending higher education.

 How Much Child Support Should I Receive?

If you have been awarded custody of your child, you should be able to expect to receive child support from your ex-spouse. The Court will determine how much child support you are eligible to receive based on several different factors. Examples of these factors may include (but are not limited to):
  • Gross monthly income
  • The amount of alimony or child support paid to previous marriages
  • Cost of daycare
  • Cost of group health insurance plans

These factors will be evaluated for both you (the custodial parent) and your ex-spouse (the non-custodial parent). The Court's decision will be documented in your separation agreement. This is the document that outlines how much child support the custodial parent should receive, the deadlines by which this money must be delivered, and other important rulings surrounding your separation. The non-custodial parent may provide additional child support if desired, but he/she may not provide less. As financial situations change, you may be able to update your separation agreement to effect greater or smaller child support payments.

My Ex Is Refusing To Pay Child Support. What Can I Do?

There are certain methods of recourse available to the custodial parent who is no longer receiving the child support allotted to them, but it is crucial that these procedures be followed correctly. If you are not receiving child support, you should contact your family attorney at the Lake of the Ozarks or the child Support Enforcement (CSE) office. The CSE has several different means for enforcing payments, such as withholding income, intercepting tax returns, placing liens on property, etc.

Enforcing your child support order through a third party is your only legal option. While it may be tempting, you should never attempt to enforce these orders on your own. Some parents begin withholding visitation rights in an effort to convince the non-custodial parent to provide the money owed to them, but in doing so they risk facing their own challenges with the Court. Child custody and visitation rights are entirely separate issues and should be treated as such.

Questions About Missouri Child Support Laws? Our Attorneys Are Here For You.

If you are divorced or preparing to get divorced at the Lake of the Ozarks and have questions about local child support laws, we encourage you to contact one of our family lawyers in Camdenton MO. Our team has the experience and the expertise you need to navigate your situation efficiently and effectively. We would be happy to represent you.
Law Offices of Phillips, McElyea, Carpenter, & Welch, P.C.
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