Legal Question in Family Law in Missouri

if my ex wife has custody of my 16 year old son, and he wants to live with me, can we do that because he is 16? would I need an attorney to get child support from her? Currently I am paying almost $300 a month child support and she makes about $15,000 a year more than me


Asked on 4/02/12, 2:10 pm

3 Answers from Attorneys

M. Scott Montgomery the montgomery law firm llc

You are going to need an attorney to file a motion to modify the divorce decree regarding custody and child support. If there has been a 20 % change in income from the time of the decree, child support can be modified. A hearing will be conducted. I think it would be impossible for a non-lawyer to navigate those waters by themselves.

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Answered on 4/03/12, 7:45 am
Michael R. Nack Michael R. Nack, Attorney at Law

I agree that you should hire an attorney to represent you in a Motion to Modify the existing Judgment. The court is not required to transfer custody of your son to you simply because your son is 16 and wants to live with you. The preference of the child is just one of many factors that the Court can consider in determining whether a change would be in the child's best interest. Your attorney would also seek an Order for child support if the Court does place the child with you. If you are in my geographical area, you may contact me. I have handled hundreds of these cases in the thirty-three years that I have been practicing law.

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Answered on 4/03/12, 9:35 am


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