This is a cross-forum issue...

[CJane]

What is the name of your state? MO

Seriously not quite sure where to put it...

The Missouri Revised Statutes say this:

When the court has, after a hearing for any full order of protection, issued anorder of protection, it may, in addition:

(1) Award custody of any minor child born to or adopted by the parties when the court has jurisdiction over such child and no prior order regarding custody is pending or has been made, and the best interests of the child require such order be issued;

(2) Establish a visitation schedule that is in the best interests of the child;

(3) Award child support in accordance with supreme court rule 88.01 and chapter 452, RSMo;

Supreme Court rule 88.01 says:

88.01. Presumed Child Support Amount

(a) When determining the correct amount of child support, a court or administrative agency shall consider all relevant factors, including all relevant statutory factors.

(b) There is a rebuttable presumption that the amount of child support calculated pursuant to Civil Procedure Form No. 14 is the correct amount of child support to be awarded in any judicial or administrative proceeding. Unless a request is filed pursuant to Rule 73.01(c), a written finding or a specific finding on the record by the court or administrative agency that the child support amount under a correctly calculated Form No. 14, after consideration of all relevant factors, is unjust or inappropriate shall be sufficient in a particular case to rebut the presumption that the amount of child support so calculated is correct.

Source: Section 452.340, RSMo.

RSMo 452.340 can be found here http://www.moga.mo.gov./statutes/C400-499/4520000340.HTM and basically lays out all of the guidelines, when CS terminates, etc.

So, does your reading of those statutes/rules indicate to you that during an RO hearing, CS can be set according to state guidelines (using the proper calculation worksheet)? And if so, should I go ahead before my RO hearing, and prepare a parenting plan (since an RO can also be used to set visitation/custody) and form 14 calculation worksheet and then bring it up to the judge when it's my turn to speak?

 

[majomom1]

I don't know why not. The only question I have is where is your current order for support? Isn't that in a different county than this RO?

 

[CJane]

I don't know why not. The only question I have is where is your current order for support? Isn't that in a different county than this RO?

My current support order in this case is through CSE only. Which is administered less on a county basis than a regional basis. I think the county this RO was filed in is the same region as the current order... and, since an RO has to be filed in the county of residence of the Petitioner, it's not as if there's a choice for where the RO is heard.

This is also the county where the paternity action/visitation petition was filed and later dismissed.

 

[majomom1]

My current support order in this case is through CSE only. Which is administered less on a county basis than a regional basis. I think the county this RO was filed in is the same region as the current order... and, since an RO has to be filed in the county of residence of the Petitioner, it's not as if there's a choice for where the RO is heard.

This is also the county where the paternity action/visitation petition was filed and later dismissed.

Then I don't see any problem. At the very least you have a record of notication to him and he should have to answer any revelant questions, under oath. Like I said before... HE opened this can of worms!

I also think the jugde might use the CS info and wonder if his RO is in retaliation.