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I divorced in 2001 in Jackson County Missouri. The new emancipation date of Aug 2007 came as a shock, and my son was 21 and attending full time college and I also have a younger son, both of whom my ex has been paying support for all these years. I phoned Child Support upon receiving their law change notice & was advised my support order was a general order, that no matter how many kids I had the amount would not change. I forwarded a copy of the court letter I had received to my ex to see if he knew anything about it. He never responded to the document.

Now - two years later, I have been served court papers and am being sued by my ex who alleges he has overpaid me child support since Aug 2007, due to the Missouri law change to child support (modified emancipation date out of the blue from 22 to 21).

Myself, my lawyer and my ex's attorney went to court on our court date & asked for mediation. My ex's attorney indicated they wanted a jury trial. The judge approved, and stated he had not heard any cases with this new law change being in effect & asked both attorneys to do their homework and present it to him at pre-trial.

Has anyone else faced this? I am looking for any and all ideas and suggestions before we go to trial.

Thanks!

First of all, family law cases are not jury trials, so I am assuming you were not served with a pleading in a family law case OR your ex is not getting a jury trial. Second of all, your lawyer should be advising you as to what is going to happen. Additionally, I know of no basis for a retroactive application of the CS termination date. Is your lawyer aware that you have questions and concerns; and if so, is your lawyer addressing them? Communication to your lawyer that you have concerns is very important. He or she can provide specific information about YOUR case.