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almostsm

Member
What is the name of your state? Missouri

1.) How often is child support recalculated?

2.) Does a "modification" have to be requested, or is it automatically recalculated?

3.) Is there a hearing for it that both parties have to attend?

4.) Is it mandatory that both parties attend the hearing (if there is a hearing)?

5.) If there are any discrepencies in the modification recalculations, is that handled right at the child support modification hearing, or is there supposed to be an additional hearing?
For instance, the custodial parent in our case is ordered to carry health insurance over the minor children. Though the noncustodial parent has requested MANY times via return reciept certified mail that he recieve an insurance card, policy#, and other various information regarding the health insurance over the children, the custodial parent has thus far refused to provide any of the information to him, which in turn has caused visitations to be cut short. This also makes the noncustodial parent believe that the children are not being covered under any health insurance plans.
SO.... would the custodial parent be able to just request at a child support modification hearing that he be responsible for covering health insurance over the children, or would that all have to be done at a separate hearing? And if so, is it possible/probable that the hearings be held back-to-back being as the noncustodial parent lives 500 miles away from the court house and it's difficult for him to take off the amount of work required for him to attend these hearings 8 hours away?

6.) Are both parties entitled to tax documents from the other party? Such as yearly returns to show exactly how much each party has made throughout the year, or even a copy of the last check stub to show how much each party is making hourly, and to show the difference between overtime and regular pay (being as I'm under the impression that overtime is not calculated in overall child support.)

7.) If one party contests the child support Order due to lack of knowledge of statements made, how does that work?
For instance, with the last child support order, the custodial parent stated a certain amount for monthly costs of daycare, which was calculated into the final order. Come to find out, the children were immediately pulled out of daycare within WEEKS after the final order was filed and signed by the judge, and the children were in a school daycare which they do not attend during the summer weeks. After getting a bit of information from the school daycare personel, it was found that the custodial parent was actually paying LESS THAN HALF of what she originally stated she paid per month (and that's when the children were in attendance; of course she didn't pay when they didn't attend.)

8.) In reference to question #7, if this were found and proven to the Court, would it be possible to just have the custodial parent actually LIST the daycare provider to the Court, and have the daycare provider directly bill the noncustodial parent for expenses (which he would only pay his 50% directly to the provider, with the custodial parent responsible for the other 50%.)

9.) Is it possible/probable for the Court to order child support be paid every 2 weeks instead of on the first of the month?
In our case, with automatic wage garnishment, the employer takes the monthly child support obligation, multiplied by 12 months in a year, then divides that total amount by 26 paychecks recieved in a year, which comes to the total amount taken from each check. Because these paychecks do not come every first of the month, it looks as though the noncustodial parent is always technically in arrears, and the Child Support Agency has never corrected the order with the employer to reflect what SHOULD be taken from each check, just to compensate for all these "arrears." So the noncustodial parent always pays more than he should, and doesn't recieve these reimbursement checks until MONTHS after he's over paid, and it's usually by hundreds of dollars.

THANK YOU FOR ALL THE INFORMATION!!!!
 


Silverplum

Senior Member
almostsm said:
What is the name of your state? Missouri

1.) How often is child support recalculated?

2.) Does a "modification" have to be requested, or is it automatically recalculated?

3.) Is there a hearing for it that both parties have to attend?

4.) Is it mandatory that both parties attend the hearing (if there is a hearing)?

5.) If there are any discrepencies in the modification recalculations, is that handled right at the child support modification hearing, or is there supposed to be an additional hearing?
For instance, the custodial parent in our case is ordered to carry health insurance over the minor children. Though the noncustodial parent has requested MANY times via return reciept certified mail that he recieve an insurance card, policy#, and other various information regarding the health insurance over the children, the custodial parent has thus far refused to provide any of the information to him, which in turn has caused visitations to be cut short. This also makes the noncustodial parent believe that the children are not being covered under any health insurance plans.
SO.... would the custodial parent be able to just request at a child support modification hearing that he be responsible for covering health insurance over the children, or would that all have to be done at a separate hearing? And if so, is it possible/probable that the hearings be held back-to-back being as the noncustodial parent lives 500 miles away from the court house and it's difficult for him to take off the amount of work required for him to attend these hearings 8 hours away?

6.) Are both parties entitled to tax documents from the other party? Such as yearly returns to show exactly how much each party has made throughout the year, or even a copy of the last check stub to show how much each party is making hourly, and to show the difference between overtime and regular pay (being as I'm under the impression that overtime is not calculated in overall child support.)

7.) If one party contests the child support Order due to lack of knowledge of statements made, how does that work?
For instance, with the last child support order, the custodial parent stated a certain amount for monthly costs of daycare, which was calculated into the final order. Come to find out, the children were immediately pulled out of daycare within WEEKS after the final order was filed and signed by the judge, and the children were in a school daycare which they do not attend during the summer weeks. After getting a bit of information from the school daycare personel, it was found that the custodial parent was actually paying LESS THAN HALF of what she originally stated she paid per month (and that's when the children were in attendance; of course she didn't pay when they didn't attend.)

8.) In reference to question #7, if this were found and proven to the Court, would it be possible to just have the custodial parent actually LIST the daycare provider to the Court, and have the daycare provider directly bill the noncustodial parent for expenses (which he would only pay his 50% directly to the provider, with the custodial parent responsible for the other 50%.)

9.) Is it possible/probable for the Court to order child support be paid every 2 weeks instead of on the first of the month?
In our case, with automatic wage garnishment, the employer takes the monthly child support obligation, multiplied by 12 months in a year, then divides that total amount by 26 paychecks recieved in a year, which comes to the total amount taken from each check. Because these paychecks do not come every first of the month, it looks as though the noncustodial parent is always technically in arrears, and the Child Support Agency has never corrected the order with the employer to reflect what SHOULD be taken from each check, just to compensate for all these "arrears." So the noncustodial parent always pays more than he should, and doesn't recieve these reimbursement checks until MONTHS after he's over paid, and it's usually by hundreds of dollars.

THANK YOU FOR ALL THE INFORMATION!!!!
Start here:
http://family-law.freeadvice.com/child_support/

Then here:
http://www.divorcenet.com/states/missouri

And here:
http://ocse.acf.hhs.gov/ext/irg/sps/report.cfm?State=MO

For instance, I found in the last link that MO is presently only reviewing CS cases by request, instead of automatically.

You have a lot of homework to do. Good luck! :)
 

ceara19

Senior Member
1. Depends on the circumstances.

2. Normally it has to be requested by one of the parties subject to the order.

3. It's in both parties best interests to appear.

4. But, no it's generally not manditory.

5. Again, it depends on the circumstances. But, generally if an agreement can not be made at the hearing, it is possible to take the case to trial.

6. Depends (again). In states where BOTH parties income is taken into consideration, both parties have the right to review any evidence offered as proof of income. Courts also tend to like tax returns instead of pay stubs. If one party regularly works more than 40 hours per week, it can be counted towards income. If it is only an occasional, it's normally not.

7. When you are presented with an amount that you don't agree with, you tell them you don't agree with that figure. In your case it sounds like you need to have the order changed to read that you will pay these costs that you are responsible DIRECTLY to the provider instead of mom.

8. see # 7

9. Generally CS is ordered on a monthly basis. However it is usually garnished based on the CP's pay schedule. In many orders, the money that is garnished in any given month is actually applied to the payment for the following month, so that it doesn't appear as though there are arrears. I would sit down with CSE and have them go over exactly how they are calculating and applying the payments.
 

Whyte Noise

Senior Member
As for #9, the IDO issued by Missouri to his employer (and that HE should have a copy of) should state exactly how much is to be taken out on it by the employer per pay period. For instance, my husband's Missouri IDO says:

"You do not have to vary your pay cycle to be in compliance with the support order. If your pay cycle does not match the ordered support payment cycle, use the following to determine how much to withhold:

$X amount per weekly pay period
$X amount ber biweekly pay period (every 2 weeks)
$X per semimonthly pay period (twice a month)
$X per monthly pay period."

(Where "X" equals the different amounts for each pay schedule, but all come out equal to what his court order is for monthly.)

My husband gets paid every 2 weeks, so they withhold that "biweekly pay period" amount form his paycheck.
 

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