Missouri Child support question

Some background:

I was married in Virginia in 1992; my son was born in Virginia in 1993. At the time, we were both active duty military. We voluntarily seperated from the military at this time, though my ex-husband was in the active reserve until approximately 2004. We moved to Georgia and were divorced in Cobb County in 1995. The support order was entered in the same county.

My ex-husband was only ordered to pay something like 50 dollars a week in 1995. Of course, the payments were extremely unpredictable, and he never paid a dime after January 2001. He repeatedly quit jobs to avoid garnishment, and had his employer lie about his income during the divorce process itself. He also worked partly 'off the books' during this time to avoid paying support based on his full income. I eventually gave up trying to collect, because the anxiety of dealing with it was driving me crazy. At the time, I was pretty poor, but I couldn't see a way to collect it. I have never applied for or received state or federal aid, so there is no obligation there.

I moved to Missouri in 2001, and remarried. (I am still married) I have not received a child support payment since January 2001. I discovered 'through the grapevine' that my ex-husband was approved for Social Security Disability in 2008. His current wife lied and kept my child's information off of the original form, so he was not covered by the protected date of filing. Social Security is processing my son's claim at this time.

Ok, I think I gave you all of the background. My question is this:

Will Missouri modify the original support order retroactively? Will he be responsible for increased arrears, or will he have to pay the pitiful sum of money that was ordered by the courts originally? I make almost three times what he makes on disability. Will this be considered? During MOST of the years I was not receiving support, I made about a third of my current salary.

[Gbyte]

His arrears are arrears. Usually not changable - though in some cases judges have thrown them out (not many that I've heard of). Any future child support would be calcualated be on your current incomes and may go down - based on your income increase and his decrease.

[BByte]

GBYTE is correct, Missouri will not retroactively change a previous support order for you to collect more. You should have been more aggressive in collection over the year, although he still is on the hook for his arrears.

The Missouri Form 14 for child support, may actually minimize support from him if your incomes are that different.

You may have a legal case if they filled out government forms fraudulently, a lawyer would be able to help

Thank you very much for the help.

They did fill out the SS application fraudulently, but my ex-husband is totally and permanently disabled with a rare sort of extremely early dementia. (his family was actually the basis for an NIH study about the condition, because there were 11 children from his parents' marriage....several who showed symptoms of the disorder by age 35)

His new wife was the one that filled out the forms. I am sure she could say that she 'forgot about' or 'didn't know about' my son, even though he did spend a year of every other weekend visits at her house.

I guess I also feel bad for them. Not bad enough to forget about collecting the child support,though. He owes me the money, because my husband and I have already spent it on the child.

Thank you again.

While you ex's current support obligation will in all likelihood be "met" once your son is listed as a dependent on the SSA disability case, you should be able to collect against your arrears from you ex's ongoing disability benefit. SS disability payments are subject to garnishment. So depending on Missouri's policy on collecting arrears (e.g., how much they go after--10%, 15%, of the garnishable income), you should also get a percentage of your ex's monthly disability check to pay off your arrears. That's in addition to the dependent's allotment for your child, .

Originally Posted by Unregistered I guess I also feel bad for them. Not bad enough to forget about collecting the child support,though. He owes me the money, because my husband and I have already spent it on the child. Thank you again.

Well of course not... I mean, not that you need the money, but hell, you can buy a lot with all that extra money this man with an extreme case of dementia owes you.

[Gbyte]

He should have paid it when it was due. He can't claim the demtia excuse for not paying when he was healthy. And she said it was early onset - not severe. While early onset in and of itself is severe, he's likely mostly still "there" for the time being.

My prayers are with you that this early onset dementia doesn't get passed down to your children.

Originally Posted by Unregistered Well of course not... I mean, not that you need the money, but hell, you can buy a lot with all that extra money this man with an extreme case of dementia owes you.

I am going to guess that you are a deadbeat dad.

My Ex-Husband was perfectly fit to pay child support for many years. He was also 'smart' enough to avoid it. Time to pay the piper.

Originally Posted by Gbyte He should have paid it when it was due. He can't claim the demtia excuse for not paying when he was healthy. And she said it was early onset - not severe. While early onset in and of itself is severe, he's likely mostly still "there" for the time being. My prayers are with you that this early onset dementia doesn't get passed down to your children.

Thanks, Gbyte.

We have sent off information and lab test results to the organization conducting the study. Hopefully, we will find out if my son is succeptible to this disorder. I pray to god that he is not.