Legal Question in Family Law in Missouri

Moving out of state

I have been divorced for 3 1/2 years. My ex husband must pay to the State Of Missouri his court ordered child support and 1/2 of all medical bills. He contiues to be deliquent on his child support and refuses to pay the medical. I am wanting to move out of state however am uncetain what legal issue or complications I will encounter. If I will be making the same income her as I would in another state will that lessen the chances the court will allow us to move.


Asked on 2/20/01, 3:32 pm

1 Answer from Attorneys

Michael R. Nack Michael R. Nack, Attorney at Law

Re: Moving out of state

Your post seems to address two separate concerns, i.e. collection of money and relocating out of state. I will briefly respond to each.

First, however, you should know that the statutory law is applied somewhat differently by different Courts in different areas of our state. In order to obtain reliable legal advise in these matters, you should be sure to consult with an experienced attorney in your area.

Regarding your problem collecting money from your ex-husband, I would mention two options. If you have not already done so, you might consider contacting the local office of the Division of Family Services Child Support Enforcement Unit. If they are able to help you they might pursue collection of back child support and also medical expenses owed by your ex-husband through a variety of administrative and/or legal procedures.

I do not believe that they can help you with the relocation issue. Of course, you may also hire a private attorney to pursue collection, and that attorney could address the relocation issue at the same time.

Regarding relocation out of state, I am assuming that your ex-husband would oppose such a move. Sometimes the non-custodial parent will consent (in writing) to the relocation if you provide sufficient accomodations for meaningful visitation and temporary custody of the children. This often means paying for or at least sharing any new expenses of transportation and so forth resulting from the relocation. In cases where the non-custodial ex-spouse will not consent,you may file a Motion with the Court who issued the Judgment in your Dissolution of Marriage seeking a modification of the original Court Order or Judgment.The Court will consider all relevant evidence, but must base it's decision upon "the best interest" of the children.If you do not already have an attorney, you may feel free to call me at 314-727-2822 for a telephone consultation at no charge. You may also visit my web site at http://www.lawyers.com/nacklaw for more information on my practice. I hope that this has been of some assistance to you,

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Answered on 4/04/01, 9:52 pm


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