Legal Question in Family Law in Missouri

This is a really weird situation, but here goes.

My friend Zachary dropped out of school at 17, and went to live with his dad. He is 18 now, still not in school, and has not obtained his GED. Now, his mom is taking his dad to court, for child support on Zach. She claims there is a law, that will allow her to claim child support on Zach, even though he is emancipated, does not live with her, and she has never had custody.

How is this possible?

Asked on 12/03/12, 10:55 am

1 Answer from Attorneys

Jennifer Rench J. Rench Law Firm, LLC | St. Louis Divorce and Mediation

Every case is different and there could be facts that you are unaware of that would control this analysis. For example, if Zach is physically or mentally incapacitated from supporting himself it may be possible or by consent. In Missouri, child support is governed by statute 452.340. It may also be possible that there was already a support order in place that governed and that Zach's mother is seeking back child support or a previous support order extended child support beyond what the statute now says. Also, your comment that "she has never had custody" requires a bit more follow up before any lawyer could give a definite answer. Depending on additional facts needed to figure this out, it may or may not be possible under current Missouri law. This is why it is always best to speak directly with an attorney about your particular situation so all of the legally relevant facts can be discussed. I am available to help client's with these type of cases and can be contacted directly. Best of luck!

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Answered on 12/03/12, 11:40 am

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