I have a question full of "IFs"...

[CJane]

What is the name of your state (only U.S. law)? MO

Ok, here's the relevant statute.

Chapter 568
Offenses Against the Family
Section 568.040

August 28, 2008


Criminal nonsupport, penalty, prosecuting attorneys to report cases to division of child support enforcement.

568.040. 1. A person commits the crime of nonsupport if he knowingly fails to provide, without good cause, adequate support for his spouse; a parent commits the crime of nonsupport if such parent knowingly fails to provide, without good cause, adequate support which such parent is legally obligated to provide for his child or stepchild who is not otherwise emancipated by operation of law.

2. For purposes of this section:

(1) "Child" means any biological or adoptive child, or any child legitimated by legal process, or any child whose relationship to the defendant has been determined, by a court of law in a proceeding for dissolution or legal separation, to be that of child to parent;

(2) "Good cause" means any substantial reason why the defendant is unable to provide adequate support. Good cause does not exist if the defendant purposely maintains his inability to support;

(3) "Support" means food, clothing, lodging, and medical or surgical attention;

(4) It shall not constitute a failure to provide medical and surgical attention, if nonmedical remedial treatment recognized and permitted under the laws of this state is provided.

3. The defendant shall have the burden of injecting the issues raised by subdivisions (2) and (4) of subsection 2.

4. Criminal nonsupport is a class A misdemeanor, unless the person obligated to pay child support commits the crime of nonsupport in each of six individual months within any twelve-month period, or the total arrearage is in excess of five thousand dollars, in either of which case it is a class D felony.

Here's what I'm trying to figure out.

After a parent is sent a motion to modify by the state, they are given 30 days in which to request a hearing. HOWEVER, the 'due date' for the child support order that doesn't exist yet is set to the first due date of the month in which the parent is served.

SO, if they receive the Motion in the mail in August, their child support filing date will be the 15th of August of that year.

Right now, if the parent requests a hearing, they're scheduling about 6 months out. So potentially, the parent is 7 months in arrears by the time the hearing takes place.

Then, the decision isn't handed down - usually - for another 4 or 5 months. So that puts it at nearly a year worth of arrears if the parent loses their appeal and is ordered to pay the amount originally motioned for.

If that amount is over $5000... is THAT a felony? Because while it IS arrears, it's really arrears on an order that wasn't official yet - it was just back dated a year.

I know a LOT of people request the hearing just to try and prolong the process - and it doesn't make much sense to me because it's nearly impossible to get the amount dropped once they've run the numbers. CSE is bound by the worksheet and not allowed to deviate from it at all... so you go through all of that to 'fight' the inevitable and wind up with a felony warrant too?

Anyone know if that really happens? I know if someone gets that far behind, my county is VERY VERY proactive at going after people. One case I'm pretty familiar with, the prosecutor issued the warrant for him the day after the father hit $5K in arrears and he was picked up in the next county over within 3 days and offered 2 years probation or 60 days in jail. But he was willfully not paying his support...

 

[CJane]

And since "Class D Felony" sounds really scary to me, here's some relevant info re: that...

Missouri Revised Statutes
Chapter 558
Imprisonment
Section 558.011

August 28, 2008


Sentence of imprisonment, terms--conditional release.

558.011. 1. The authorized terms of imprisonment, including both prison and conditional release terms, are:

(1) For a class A felony, a term of years not less than ten years and not to exceed thirty years, or life imprisonment;

(2) For a class B felony, a term of years not less than five years and not to exceed fifteen years;

(3) For a class C felony, a term of years not to exceed seven years;

(4) For a class D felony, a term of years not to exceed four years;

(5) For a class A misdemeanor, a term not to exceed one year;

(6) For a class B misdemeanor, a term not to exceed six months;

(7) For a class C misdemeanor, a term not to exceed fifteen days.

 

[proud_parent]

I don't know the answers, but I'd also be interested in knowing how this works in MO. My husband has been wondering whether he should attempt to register his order in MO, where his ex resides. She has already met both 6 month and 5K non-support thresholds; perhaps MO CSE would be more zealous about enforcement than IA CSEA has been?

 

[CJane]

I don't know the answers, but I'd also be interested in knowing how this works in MO. My husband has been wondering whether he should attempt to register his order in MO, where his ex resides. She has already met both 6 month and 5K non-support thresholds; perhaps MO CSE would be more zealous about enforcement than IA CSEA has been?

I think it depends greatly upon the prosecutor in the county in which the child (or parent) resides, honestly.

I have heard that Clay county is crazy zealous about it, and in fact, the same guy who was recently picked up for a warrant in Platte county did 5 months in Clay county the FIRST time he went into arrears that far because that's where kiddo lived THEN. Kiddo lives in Platte county now and so that's where the current warrant/case/prosecutor is.

What county is hubby's wife in? I can see what I can find out about their efforts to round up deadbeats.

 

[dad43]

i'm sure you already know *I* cannot answer you...but the things you've presented, have been really eating me with curiousity as well...

when my ex FINALLY set up child support, she'd done a divorce also(we were already divorced )...BUT in all the things she was doing, support was NEVER set up, but custody was

by the time i find out, i'm allegedly 10k in arrears, and my monthly payment includes a payment towards that 10k, but i've been wondering if even though i'm making payments, if i can go to jail, lose my license, or have my tax return seized?

but for me, someone who doesn't have much legal knowledge, i'm standing by to read you ladies/guys answers, cos it just seems interesting to me...

 

[proud_parent]

I think it depends greatly upon the prosecutor in the county in which the child (or parent) resides, honestly.

I have heard that Clay county is crazy zealous about it, and in fact, the same guy who was recently picked up for a warrant in Platte county did 5 months in Clay county the FIRST time he went into arrears that far because that's where kiddo lived THEN. Kiddo lives in Platte county now and so that's where the current warrant/case/prosecutor is.

What county is hubby's wife in? I can see what I can find out about their efforts to round up deadbeats.

Kiddo's mom lives in Morgan County.

 

[CJane]

I just left a message at the prosecutor's office in my county... will let you know what he has to say. But the consensus is that the state doesn't care if it's arrears due to back-dating or arrears due to just not paying.

Makes one really want to do that ol' cost/benefit analysis before fighting a potential order, huh?