Emergency military service may modify child support order

Emergency military service may modify child support order

On behalf of Stange Law Firm, PC posted in Child Support on Thursday, December 5, 2019.

For noncustodial parents, a child support obligation can take a financial toll. Even those parents who agree to a certain amount of child support, the weekly payments can quickly eat into savings and make it difficult to build a financial safety net. This is especially true when changed circumstances reduce a noncustodial parent’s income. Whether on account of reduced hours or decreased pay, noncustodial parents who see their income drop may be able to successfully seek a child support modification, which would reduce their weekly obligation.

One group of people may be able to secure this modification relatively quickly: those who are called into emergency military service. Under Missouri law, an individual is called into emergency military service when he or she is a member of the National Guard or some sort of other reserve unit and is called up to active military duty for a period of time in excess of 30 days. If this occurs, then the individual needs to secure a notarized letter from his or her commanding officer. This letter must specify when the emergency military service commenced as well as the noncustodial parent’s income.

Once the emergency military service has passed, the noncustodial parent must take certain steps to be in compliance with the law. Chief amongst them is to notify the state director who oversees child support. Once this notification is made, eh support obligation may be modified again depending on the facts at hand. This shows that the purpose of the law is to provide financial relief to those parents who are serving in the military and are called into active duty on short notice.

Child support seems like a relatively simple matter. In truth, though, it can be quite complex depending on the facts at hand. Therefore, two seemingly similar cases can actually be quite different. Parents who are dealing with child support issues thus need to make sure that they are confronting them with the individualized approach they need to reach a successful resolution.

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