Question here? My ex and 3 kids reside in Missouri which is where my divorce was final and the child support order originated. My oldest son is 21 and now living on his own. He did not attend college after graduating high school 2.5 years ago. I thought I had to pay support till he was 21 but have recently found out that I over been over paying my child support. In MO., I found out that if he was not enrolled in college by Oct 1st after graduation, I no longer owe my ex support on him. I also have a daughter now 18 who has graduated high school last spring and not attending college as of Oct 1st. I have made a motion to modify thru the courts in MO. and to have both emancipated and also want to have an abatement (credit) for the past 2 years of paying my ex for my oldest son which the state of MO. already said they have had on file for 2 years that he is not enrolled in any higher education yet I am still paying on this order. I go to court in Feb 07. Do you have any recommendations for me making sure that I am given credit by the state for this overpayment. It is almost $6000. When I have had an arrearage in the past, the state is quick to either put me in jail or make me pay the sum in 30 days. So I am hoping that my rights now in paying too much are also respected and protected. Do you know of any precendents that I may refer to? Thanks for any help you can provide...

When the order is modified, it will probably be set at the new amount (for the third child...I am assuming that he is still a minor and support will be owed) minus a monthly amount to pay you back for the overpayment. So if you are ordered to pay $300/month and are given a credit for $150/month, you will pay $150/month until the overpayment is paid off, at which time your support amount will go back to $300/month.

Did that make sense?