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Dave Kennett
Dave Kennett, Lawyer
Category: Family Law
Satisfied Customers: 27689
Experience:  25 years experience as practicing attorney
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can a mother choose to not recieve child support from a father

Customer Question

can a mother choose to not recieve child support from a father in the state of missouri?
Submitted: 6 years ago.
Category: Family Law
Expert:  Dave Kennett replied 6 years ago.

-Could you explain your situation a little more?
Is there a court order for child support?

Has someone asked for child support?

Customer: replied 6 years ago.
at this point no one has asked for it and there is no court order the baby is 4 months old the girl has said if he voluntarily signs the birth certificate without a dna test she will not ask for child support, she says if she has to go thru child support svcs and have a dna test done then he will be forced to pay it
Expert:  Dave Kennett replied 6 years ago.

DearCustomer- The problem is that it is not always up to the mother whether to ask for child support and an agreement not to do so is not enforceable. The reason is because the court has jurisdiction over the child support issue until the child is an adult and any change in circumstances can trigger an order for support or a change in existing support.


If the mother accepts any state aid the state will seek child support regardless of whether the mother wants it or not. If the mother decides to change her mind about not asking for support she can do so and the agreement she made not to seek support cannot be enforced.


Therefore it is possible that the mother can refuse to seek support but it may be that she has no choice if she accepts any state aid and if she changes her mind once she realizes how much it costs to raise a child she could still seek support regardless of the promise she made. A child has two parents and both have a responsibility to the child so the court will always order support if it is requested.


My suggestion is for the father to take a DNA test to be certain he is the father. He does not have to pay child support until there is an order but there is no way to avoid it if it is requested.


Dave Kennett

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