Can mom apply for child support after losing custody?

[rashawncf]

Jurisdiction

Missouri

Hello,


My husband has a 17 year old son who he has only had custody of for the past 5 months. His son has lived with the mom all his life. They were never married. When the child was born, paternity was established and my husband starting paying child support to the mom. That was in Missouri.


The mom and the son moved to Kansas two years ago. There she moved in a guy who was abusive to her. An incident happened where she called the police claiming the guy hit her and her son. The Children's Division in Kansas stepped in and told her that she has to move the guy out of her apartment. She refused to cooperate. So my husband was called to pick the boy up from court. They said the boy was to live with us. The child support case was closed. He didn't owe anything to her. The mom doesn't pay child support to my husband.


Not sure how the custody part is being handled. My husband claimed they didn't give him any documentation giving him full custody. I do understand that when a child is born, at least in Missouri, custody isn't automatically established until it is court ordered. I don't know if the courts took her custody rights away from her.


Now a few months have gone by. I guess after being away from her son, she realized the mistake she made and asked the son to move back with her. She has broken up with the guy and moved him out of her home. The boy wants to go back to his school, his friends, and his part time job by his mom's house. He will be turning 18 in November but will be a senior in high school. He is so unhappy here with us. He has some delays in academics and was getting more assistance from his school over in Kansas.


His dad doesn't want to let him go back to his mom simply because he is afraid the mom will try to have him placed on child support again. If he didn't have to pay child support, he would let him go back.


If the son waits until he turns 18 years old, can he make the decision to go live with his mom? If so will she be able to place his dad on child support? Although he will be 18 years old, he will still be in high school and may decide to attend college.


I would just like to see the boy back with his mom where he will be happy.


Thank you in advance for your response,


Rashawn C.

 

[army judge]

You really should have your husband seek guidance from the child protection authorities.

There are far too many unknowns here to provide you with an answer.

You're right about unmarried males being required to affirmatively seek to establish paternity, obtain custody/visitation orders, and support orders through the court.

How the child protection agency gifted the boy to your husband is truly a mystery to you, and me.
Hence, my suggestion to first find out the conditions as to why dad ended up with the lad.

Based upon how mother responded to the chid authorities, it's doubtful she could just waltz in and whisk him away easily.
I suspect she'd be required to take classes, receive counseling, undergo an investigation, have a hearing, and whatever child protection and the court mandates before the kid would be returned to her, if ever.
The kid becomes an adult in seven months anyway.
The things I speculated about above often require weeks, if not months before any changes take place.
Good luck.

 

[rashawncf]

I just talked with my step son. he said he was asked if he wanted to continue to live with his mom or dad. He opted for his dad simply because he was tired of arguing with his mom.

So we're all wanting to know if he will have the right to move back in with his mom once he turns 18. And if so, can she apply for child support as ling as he stays in school.

Would you know if that is the case?

Thank you for your response.

 

[ElleMD]

CPS can't trump a court order. He was placed with dad because it wasn't safe at mom's but that is not the same as having actually modified the support order through the courts. If hubby hasn't done that, he needs to. If the old order was never modified by the court, he still owes support. When support can terminate depends on a number of factors:

Unless the circumstances of the child manifestly dictate otherwise and the court specifically so provides, the obligation of a parent to make child support payments shall terminate when the child:

(1) Dies;
(2) Marries;
(3) Enters active duty in the military;
(4) Becomes self-supporting, provided that the custodial parent has relinquished the child from parental control by express or implied consent;
(5) Reaches age eighteen, unless the provisions of subsection 4 or 5 of this section apply; or
(6) Reaches age twenty-one, unless the provisions of the child support order specifically extend the parental support order past the child's twenty-first birthday for reasons provided by subsection 4 of this section.
4. If the child is physically or mentally incapacitated from supporting himself and insolvent and unmarried, the court may extend the parental support obligation past the child's eighteenth birthday.
5. If when a child reaches age eighteen, the child is enrolled in and attending a secondary school program of instruction, the parental support obligation shall continue, if the child continues to attend and progresses toward completion of said program, until the child completes such program or reaches age twenty-one, whichever first occurs. If the child is enrolled in an institution of vocational or higher education not later than October first following graduation from a secondary school or completion of a graduation equivalence degree program and so long as the child enrolls for and completes at least twelve hours of credit each semester, not including the summer semester, at an institution of vocational or higher education and achieves grades sufficient to reenroll at such institution, the parental support obligation shall continue until the child completes his or her education, or until the child reaches the age of twenty-one, whichever first occurs. To remain eligible for such continued parental support, at the beginning of each semester the child shall submit to each parent a transcript or similar official document provided by the institution of vocational or higher education which includes the courses the child is enrolled in and has completed for each term, the grades and credits received for each such course, and an official document from the institution listing the courses which the child is enrolled in for the upcoming term and the number of credits for each such course. When enrolled in at least twelve credit hours, if the child receives failing grades in half or more of his or her courseload in any one semester, payment of child support may be terminated and shall not be eligible for reinstatement. Upon request for notification of the child's grades by the noncustodial parent, the child shall produce the required documents to the noncustodial parent within thirty days of receipt of grades from the education institution. If the child fails to produce the required documents, payment of child support may terminate without the accrual of any child support arrearage and shall not be eligible for reinstatement. If the circumstances of the child manifestly dictate, the court may waive the October first deadline for enrollment required by this subsection. If the child is enrolled in such an institution, the child or parent obligated to pay support may petition the court to amend the order to direct the obligated parent to make the payments directly to the child. As used in this section, an "institution of vocational education" means any postsecondary training or schooling for which the student is assessed a fee and attends classes regularly. "Higher education" means any community college, college, or university at which the child attends classes regularly. A child who has been diagnosed with a developmental disability, as defined in section 630.005, or whose physical disability or diagnosed health problem limits the child's ability to carry the number of credit hours prescribed in this subsection, shall remain eligible for child support so long as such child is enrolled in and attending an institution of vocational or higher education, and the child continues to meet the other requirements of this subsection. A child who is employed at least fifteen hours per week during the semester may take as few as nine credit hours per semester and remain eligible for child support so long as all other requirements of this subsection are complied with.


Section: 452.0340 Child support, how allocated--factors to be considered--abatement or termination of support, when--support after age eighteen, when--public policy of state--payments may be made directly to child, when--child support guidelines, rebuttable presumption, use of guidelines, when--retroactivity--obligation terminated, how. RSMO 452.340

That said, it is a sad state of affairs when a parent only wants the child in order to avoid paying support. Should mom challenge custody to get him back, his father should expect to pay.

 

[army judge]

I just talked with my step son. he said he was asked if he wanted to continue to live with his mom or dad. He opted for his dad simply because he was tired of arguing with his mom.

So we're all wanting to know if he will have the right to move back in with his mom once he turns 18. And if so, can she apply for child support as ling as he stays in school.

Would you know if that is the case?

Thank you for your response.

Asking the child isn't all that informative.
Hubby really needs to discuss this with child protection.
I'm sure he was provided with some written materials.
Those should be reviewed.

Your son can live anywhere, with anyone at 1 second after midnight on his 18th birthday.

However, you're confusing chid support and child custody.
A minor in high school on her 18th birthday becomes an adult upon her birthday.
The custody order generally becomes moot
The child support order, however, won't extinguish itself by virtue of her adulthood.
The child support could continue until her high school graduation, assuming she's matriculating and not malingering.
Elle has offered you some information and material to substantiate the information.

Although child support payments and child custody impacts your family, you have no standing in this matter.

It would behoove you to suggest to your husband to discuss this in person with a couple of attorneys in your county.

Normally an attorney will visit with a prospective client at no charge the first visit.

He'll have about 20-30 minutes to ask questions and receive explanations. Many attorneys will supply you with written information to study at your leisure, and I'm sure hubby would allow you to accompany him and ask a couple questions, too.

Good luck.

 

[rashawncf]

Asking the child isn't all that informative.
Hubby really needs to discuss this with child protection.
I'm sure he was provided with some written materials.
Those should be reviewed.

Your son can live anywhere, with anyone at 1 second after midnight on his 18th birthday.

However, you're confusing chid support and child custody.
A minor in high school on her 18th birthday becomes an adult upon her birthday.
The custody order generally becomes moot
The child support order, however, won't extinguish itself by virtue of her adulthood.
The child support could continue until her high school graduation, assuming she's matriculating and not malingering.
Elle has offered you some information and material to substantiate the information.

Although child support payments and child custody impacts your family, you have no standing in this matter.

It would behoove you to suggest to your husband to discuss this in person with a couple of attorneys in your county.
Normally an attorney will visit with a prospective liner at no charge the first visit.
He'll have about 20-30 minutes to ask questions and receive explanations. Many attorneys will supply you with written information to study at your leisure, and I'm sure hubby would allow you to accompany him and ask a couple questions, too.

Good luck.

 

[rashawncf]

Thank you all for your advise and clearing some things up. It looks like he will just move with his mom when he turns 18 years in November. His main concern was if he had the right to do it. Sounds like his mom could place his dad back on child support if she wants to at that point. His dad would just have to deal with it.

 

[Disabled Vet]

why would he be worried about child support? It's his kid and he should be giving everything he can to raise that child. But court is the only way to make sure all orders are stopped, started etc... If when his son turns 18 he will still be REQUIRED to pay support since his son is still in high school.