View Full Version : Missouri prisoners and child support


mstar
03-25-2004, 05:35 AM
hi, everyone. my hb is in Farmington Correctional Center and he just received a letter from the courts in his hometown asking info on his assets-this letter has to be sent to the Child Support Division. it seems his ex wife has allowed his son to go live with his maternal grandparents and they have filed for chhild support. he has been told by other inmates that the state will take any money sent to his account for the support. does anyone know if this is true? some have said they will only take a percent, others say they will take all but $5.00, i hope someone knows the answer to this...we plan to pay the child support when he comes home but i can't afford it now, by myself. i was getting ready to send him $100 from my tax refund but i am now afraid they will not give it to him...any one have any answers for this?
thanks, morningstar

lulu
03-25-2004, 08:53 AM
I have the paper work to stop child support payments while he is lock up.

you will have to contact me through email cause it is an attachment, please PM me?

msveggie
03-25-2004, 09:00 PM
I'm not exactly sure on this but seems like I've heard of something like this. Can't tell you about the $5 amount though. I do know someone in a Missouri correctional facility (pretty much as the result of a bad divorce) that was court ordered in the divorce to pay child support. He has received money sent to him by family and they didn't take any of it.

If I were you I'd send a small amount at a time. I know the money orders cost close to a dollar, but if money is tight and it always is, I couldn't take the chance of him not getting it. So send $20 or so at a time. Just buy 5 money orders if you want to send him $100 fill them out put them in separate envelopes and don't send the next one until he says he received the last one you sent. Just an idea.

Dre'sbaby
03-25-2004, 10:01 PM
This is my experience with child support....My daughter's father is in a federal facility. When I went to family court, they told me that there was nothing that I could do until he got out. The payments would accumulate, but they couldn't take any money from him until he got out. Even then, he would have some time to get himself back on his feet. As far as you sending money to them, only send it if you can send it through the court, or document that you sent it to them. At any time, they can say that you never sent it, and it will not reduce his debt. When I have questions, I go through the department of social services and speak to someone at family services to get my balance and status of my case. If there are assets in his name, I am not sure if they can come after them if he is locked up, as far as you his wife, my judge told me that the wife has nothing to do with his deb, and I couldn't go after her. Hope this helped!!

mstar
03-26-2004, 05:49 AM
Thanks Ms veggie--that's an excellent idea! and thanks, Dres.baby--for your info..
mstar

JCs_lil_sis
03-27-2004, 11:43 AM
this is true...they will take money out. They did it to my brother. They also arrested him within 8 hours of his release for "failure to pay" durring the 10+ years he was in prison. I will say that he can get the amount reduced...being that he doesn't have any income to speak of...I think it is to about $50 a child. He would have to petition the courts or child support enforcment.

tanningoasis
11-13-2006, 08:25 AM
I need the same help for the man I'm dating. Can anyone help? We need to get his child support down. He knows guys in Cameron that only pays $1.00 but he is still paying over $300. What do we do and how do we get it started?

MrsPhillips
11-13-2006, 09:39 AM
You need to call the Attorney Generals office that handles Child Support and ask then what you can do.

tanningoasis
11-13-2006, 10:26 AM
thanks so much. Where is your man at? Its hard not having anyone to talk about having someone you love in prison. Its nice to know that I'm not the only one.

MrsPhillips
11-13-2006, 10:40 AM
I see you are located in Springfield as well. I am here, I also have a Childsupport case but it based in Texas. I do not pay child support my 1st ex does. I know I go through the attorney general to get things done. You should be able to reduce it because child support is based on his income and since he really doesnt get any he should only have to pay a precentage of that. I doubt it will be nothing though. Good luck and IM if you need help.

MrsPhillips
11-13-2006, 10:41 AM
Oh my man is in Algoa Correctional Center Right now.

tanningoasis
11-13-2006, 11:01 AM
I contacted Att. Generals office and they directed me to Child Support Enforcement. They told me to have him write a letter to the office. He has already done that and nothing has happened. Who knows.

MrsPhillips
11-13-2006, 11:22 AM
When did he write the letter, because I hate to admit it but they are slow in getting thing done. You should have informed them he has already done so, and then asked if they have that letter in their files. If so how long will it take for him to get a response. They wont like all of the questions and they may not give you any information due to the fact you are not him but they might. It couldnt hurt to ask.

mjd
11-13-2006, 11:41 AM
He can qrite the county that is handling the child support case and ask them to do an income modification. This will probably get the amount reduced until he comes home. I do know that thye will take the money off his books to pay for child support.

tanningoasis
11-13-2006, 01:15 PM
Yeah we have already noticed that they take the money off the books. What sucks is he is ordered to pay $300 a month and he doesn't get out until 2009! We're just not sure what to do at thsi point.

tanningoasis
11-13-2006, 01:21 PM
He wrote the letter a while ago. He actually has two kids. one child, they took child support down to like $11 a month. But with his son, they said that he was not eligible to modify. How can you not be bale to modify one but you can the other? Makes no sense to me...... So how long have you and your guy been together?

MrsPhillips
11-13-2006, 01:41 PM
Technically we starte seeing each other the end of May 2005 a couple of months before he violated his parole and we just continued the relationship from there.

tanningoasis
11-13-2006, 07:26 PM
My guy and I dated 15 yrs ago and just found each other after he went to jail. He had a wreck while he was drinking. His father was killed in the accident. I loved his dad like he was my own father. I decided to write him and make sure that he was okay and it started all there. I love him so much and waiting til 2009 to be with him sucks but knowing how much we share and how much we love each other makes it easier. He worries that I won't wait on him. How can I convince him that I'm here to stay????? I miss him so much. We see each other once a month but I wish he was out for sure. If you want to e-mail me you can. I send a private message to you so that you know my e-mail address.

NaievNewlywed
11-16-2006, 05:23 AM
I wait and put money on my husband's books two days before store day so child support won't take it.

MrsPhillips
11-16-2006, 08:43 AM
Ok I have found a few MO Revised Statutes for FYI information about Child Support and modification. You can look at other laws concerning child support in the MO Revised Statutes as well but this is a starting point. I hope this helps.
http://www.moga.mo.gov/statutes/c400-499/4540000500.htm (http://www.moga.mo.gov/statutes/c400-499/4540000500.htm)
Modification of an administrative order, procedure, effect—relief from orders, when.
454.500-3, 5, 6, 7 States “Only payments accruing subsequent to the service of the motion for modification upon all named parties to motion may be modified. Modification may be granted only upon a showing of a change of circumstances so substantial and continuing as to make the terms unreasonable. In a proceeding for modification of any child support award, the director, in determining whether or not a substantial changes in circumstances has occurred, shall consider all financial resources of both parties, including the extent to which the reasonable expenses of either party are, or should be, shared by a spouse or other person with whom he or she cohabits, and the earning capacity of a party who is not employed. If the application of the guidelines and criteria set forth in supreme court rule 88.01 to the financial circumstances of the parties would result in a change of child support from the existing amount by twenty percent or more, then a prima facie showing has been made of a change of circumstances so substantial and continuing as to make the present terms unreasonable.

http://www.moga.mo.gov/statutes/c400-499/4540000400.htm (http://www.moga.mo.gov/statutes/c400-499/4540000400.htm)
Director’s Duties to modify a child support order—automated methods used for eligibility for modification

454.498-3 States “The division may review and adjust a support order upon request outside the three-year cycle only upon a demonstration by the requesting party of a substantial change in circumstances which shall be determined by the division. If the division determines that an adjustment shall not be made, the division shall, within fourteen days, mail notice of such determination to the parents or other child support agency, if any.”

MrsPhillips
11-16-2006, 08:48 AM
I have tried to find any laws which states an inmate could not reduces his or her child support do to incarceration. It is due to circumstances and ability to pay. It doesn’t mean it is not out there just that I haven’t found it. If I do I will post it as well. Every case is different just like every bodies circumstances is different. I wish you and every the best of luck and hope this information helps.

iggypix
09-06-2007, 11:45 AM
I have the paper work to stop child support payments while he is lock up.

you will have to contact me through email cause it is an attachment, please PM me?
i was wondering if someone could tell me were to get the paperwork for child support reduction while my brother is locked up

iggypix
09-06-2007, 11:46 AM
is it possible to get child supprt stopped while there locked up

Christy
09-06-2007, 11:48 AM
Try contacting the Division of child support enforcement. They may be able to direct you in the right direction

MrsPhillips
09-07-2007, 08:11 AM
The only person who can stop the child support payments is the Custodial Parent recieving Child Support and only if he/she is not recieiving any assistance such as Medicaid, Foodstamps etc and sometimes depending on the situation not even then. You gotta love Missouri. You can try to get the support down to the min. but you would need a lawyer to do that and it wont be cheap. I have looked and looked for anything in regards to this for others and I havent found anything to help as of yet. I would suggest calling lawyers to see if you can get any help.

Urinmythoughts
09-23-2007, 11:43 PM
Hi, can a family member contact CS to get child support reduced and can it be halted if in jail? Would it help to send $20 a month on his 2 cases until he is out which is supposed to be 120 days. They then couldnt claim non support could they?
Thank you
Kim

Christy
09-24-2007, 06:46 AM
I think he needs to initiate the suspension of the payments. I would call CSE and ask them what he needs to do. He can also check with his caseworker and see if they have the forms or who to contact.

Urinmythoughts
10-07-2007, 02:52 PM
For anyone in MO wondering , however, I dont know if the different offices in MO are different with their criteria but I was told from the Cape Girardeau office that he had to write in and explain he was incarcerated and theiefore his financial situation is none now and ask for the modification. When he gets my letter with the addy he will do it and ill just wait and see what he gets in the mail regards to it.

Kim

jadedannah
10-08-2007, 11:26 PM
my man is supposed to pay child support, also. I send him money by jpay and it hits his account the day before he is supposed to go to cantten. he spends it all the next day and none is left over for them to take. If any is left for any amount of time, they take it. We just don't give them the chance...hehehe.....

moneyz chick
10-19-2007, 12:29 PM
Quick question, I'm new to all of this and my boyfriend is currently incarcerated and is having the same issues with child support. I've called the Child Support Enforcement Office and asked for a modification, they explained he must write a letter and state what had happened, because on his issue someone had sent in some money and they said that it was his monthly income. Has anybody's guys had any luck getting their child support modified?

MrsPhillips
10-19-2007, 01:09 PM
I am not sure if they have but I havent heard of it happen.

MrsPhillips
10-19-2007, 01:12 PM
Quick question, I'm new to all of this and my boyfriend is currently incarcerated and is having the same issues with child support. I've called the Child Support Enforcement Office and asked for a modification, they explained he must write a letter and state what had happened, because on his issue someone had sent in some money and they said that it was his monthly income. Has anybody's guys had any luck getting their child support modified?

I havent heard of anyone getting it modified but that doesnt mean it cant happen. I see you are from Springfield, MO so am I. Nice to meet you and welcome to PTO.

moneyz chick
10-19-2007, 01:20 PM
Thanks,
I really hope that we can get it modified. My guy has been incarcerated for a LONG time and they say he owes almost $8000. And for him to come home to a debt like that it is a little overwhelming to all of us. But I will keep you posted on to what's up with it.

MrsPhillips
10-19-2007, 01:27 PM
Well when they modify it that will not reduce his debt of 8,000.00 He will have to pay more on his monthly child support payments to start paying off the debt and then when he files for his income tax if he gets any money back on a refund the state will take his full refund amount and put it towards the debt he has already owes. Sorry I am sure this isnt was you wanted to hear. But when he comes home he should call the attorney generals office to see about making arrangments to get this started, reducing the monthly payment to fit his budget and to add the additional costs to help pay off what he already owes. I hope this helps.

moneyz chick
10-19-2007, 02:50 PM
more than likely, if him asking for a modification doesn't fix the problem, we are going to have to get an attorney. The state should have never ordered him to pay as much as they did. I'm hoping that we can get some justification out of this mess. But thank you so much for this. It's been such a long time since I have had to deal with the system and I'm just glad I found this site to help me through it.

MrsPhillips
10-19-2007, 03:25 PM
I hope so. The system isnt as fair as it should be.

Lnz1084
11-01-2007, 04:36 PM
Hey i used to work for child support and yes they will take his money for child support.