Legal Question in Family Law in Missouri

I have two questions: My ex husband was just awarded sole custody, and I am ordered to pay $257 in child support each month. However, I am living in a foreign country with my current husband (temporarily living here) and can not find work due to the language barrier. How can I be ordered to pay money under these circumstances? My second question deals with my rights as a parent. In the court order, it states that my ex will now make all decisions pertaining to the children. Does this mean that I am no longer entitled to receive academic updates from my children's school? Because my ex's wife sent me an email stating that now that my ex has sole custody, that they would be removing my name from the school contact list. I didn't realize that sole custody for one parent meant no rights for the other parent. Please help!

Asked on 5/13/13, 11:45 am

1 Answer from Attorneys

Anthony Smith LawSmith

Hopefully your previous attorney told you that Missouri law presumes child support from the Childs point of view (How much support you could provide, if you stayed married, and maximized your earning opportunities) and not on the limitations imposed by your post divorce decisions (leaving the country). Hopefully your present husband knew you had a child, and therefore some of his earnings might go toward your child support obligation.

Without seeing the custody Order, one cannot tell you if you can be denied school information. You probably cannot. You might mention (perhaps in a reply to her email) that it is tit ex that has custody. Tell her that if SHE tells the school anything about you, or trites to interfere with your ability to get information, that she opens herself up to a hefty civil penalty to you. Your ex can allow his new wife to drop off and pick up the child, but he has no authority (unless the custody order says differently) to do anything to interfere with your parental rights. Her being married to the custodial parent would probably not be an effective defense to your suit against her, nor lessen the money she could be ordered to pay to you.

Good luck

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Answered on 5/16/13, 5:49 am

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