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LawTalk, Attorney and Counselor at Law
Category: Family Law
Satisfied Customers: 37071
Experience:  30 years legal experience. I remain current in Family Law through regular continuing education.
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My first husband and I were divorced in 2004 ( I think) in

Customer Question

My first husband and I were divorced in 2004 ( I think) in the state of Missouri...I have sole physical custody of our 2 children and we have joint legal. I waived child support at the time of our divorce because my income was higher than his...however I did ask if I ever wanted to reverse that decision , did I have that option and my attorney said Yes. In 2009 I was remarried and we moved out of state (with my x husbands blessing) we now reside in Texas, my x husband is still in Missouri, our daughter is 17 and starting college and our son is 15...I no longer have the income I once did and wish to collect chold support from him since he has contributed NOthING up to this point. What steps do I need to take? And do I have to use an attorney in the state of Missouri since thats wehre we were divorced??
Submitted: 1 year ago.
Category: Family Law
Expert:  LawTalk replied 1 year ago.
Good afternoon,
I'm Doug, and I'm sorry to hear of the confusion. My goal is to provide you with excellent service today.
As your ex is still in the state of Missouri, that state still has jurisdiction over child support issues. Yes, you will want to get a Missouri attorney to assist you.
You will need to file a Motion to Modify Child support and seek an order of support now based on your ex's income. The court must always consider a request for modification, even if the initial decree set out that there was to be no support paid. You are justified based on the significant change if financial circumstances.
You may reply back to me using the Reply link and I will be happy to continue to assist you until I am able to address your concerns, to your satisfaction.
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I wish you and yours the best in 2015,