How do I get my child support payments reduced? 2 Answers as of July 06, 2012

I have 2 sons and child support is $548 a month. The oldest son turned 18 and is employeed with no college. The missouri cs order just emancipated him in dec 2011 child support $317 for one. The son turned 18 no college employeed still paying support and it is under review. Why did they wait for years to take oldest one off would that not made a difference in amount? Does section 452-300 apply here? I request they remove him and they said not a 10 percent decrease. Does missouri not use a 1verses 2 child guide line? Anything I can do? and when will they get around to the youngest who is now 18? I have sent a request. Any ideas?

Ask a Local Attorney. 100% Anonymous. Free Answers.

Free Case Evaluation by a Local Lawyer: Click here
Burnett Evans Banks
Burnett Evans Banks | Paul Evans
The relevant section of Missouri Law is 452.340. When a child turns 18 they are still entitled to child support if they are still attending high school. If they have completed high school, then we wait until October 1st of that year to see if they are enrolled in and actually attending and passing at least 12 credit hours of college or vocational school. If not, then that child is emancipated as of October 1st (as long as they are not disabled in some way). Upon emancipation, the child support order is deemed terminated when: 1) the paying parent files a sworn statement of emancipation with the court, and 2) the Court serves a copy of the statement upon the receiving parent, and 3) the receiving parent agrees in writing, or 4) the receiving parent fails to respond at all within thirty days. You should take action yourself to file your sworn statement of emancipation and not rely upon the other parent or the "system" to lower or stop your child support order. Also, if you are paying for more than one child and the current order does not specify a certain amount for each child, then when one child becomes emancipated, the order must be modified to change the amount for the remaining minor child(ren). Hope this helps.
Answer Applies to: Missouri
Replied: 7/6/2012
Pingelton Law Firm | Dan Pingelton
If this is a combined support order, you would need to modify it. An attorney can help you do that.
Answer Applies to: Missouri
Replied: 7/6/2012
Click to View More Answers: