Missouri Notice of Demand for Husband to Support Wife and Children

State:
Multi-State
Control #:
US-01533BG
Format:
Word; 
Rich Text
Instant download

Description

As a general rule, in order for one spouse to have a right to support from the other spouse, there must be a valid marriage, the spouse seeking must be in financial need, and the spouse from whom is sought must be able to furnish it. This type of notice could be used whether there is a court order for spouse and child support in effect or not. This form is a generic example that may be referred to when preparing such a form for your particular state. It is for illustrative purposes only. Local laws should be consulted to determine any specific requirements for such a form in a particular jurisdiction.

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FAQ

Usually, a court will estimate that the cost of bringing up one child is $1000 a month, and the non-custodial parent's income is 66.6% of the parent's total combined income. Consequently, this means the non-custodial parent pays $666 per month in child support or even 66.6% of the whole child support obligation.

If both parents agree, the quickest method is for the parent receiving child support to provide a sworn statement of emancipation to the parent who pays child support. That statement is then filed with the court or FSE. A judge can grant the request without additional notification or court appearance.

Generally, remarriage does not affect child support. Any child support obligation continues even if one or both parents remarry. The rationale is that parental duties do not end even if a parent enters a new marriage, so this new marriage isn't grounds for child support modification.

Missouri law states that a court may order either or both parents of a child to pay child support in a divorce or legal separation. The Missouri Supreme Court sets guidelines for how much a parent should pay in child support.

The parent with less parenting time (called the "non-custodial parent") usually makes the payments. Typically, parents must pay child support until the child is 18. There are some exceptions, however.

The new custody law in Missouri sets forth a rebuttable presumption that an award of equal, or nearly equal, parenting time is in the best interests of the child.

Unless otherwise agreed in writing or expressly provided in the judgment, the obligation to pay future statutory maintenance is terminated upon the death of either party or the remarriage of the party receiving maintenance.

50/50 custody does not preclude an award of child support. However, when custody is equally shared between the parties, an award would not be based on the amount of parenting time ? it would be determined by each parent's income.

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Missouri Notice of Demand for Husband to Support Wife and Children