Can a decision by the court about child custody be overturn if Section 452.455.4, RSMo was not represented?

Asked about 4 years ago - Kansas City, MO

My neices ex husband took her back to court to modify child custody payments and vistitation. She held him in contempt, because he had owed her at least $25,000 in back child support.
The judgement came back in his favor. He got to pay $500 least in child custody payments, and got better visitation rights. He hasn't followed anything written in the divorce order on anything. How can a person breaking the law be rewarded?
I have read about Section 452.455.4, RSMo. Since her attorney said this law doesn't exsist and never used it. Can she hire a new attorney and go back to court and use this law to over turn the decision?

Attorney answers (1)

  1. James Allen Hanson

    Contributor Level 11

    Answered . A quick check of Missouri statutes on the state legislature's website indicates that the section you refer to was repealed in 2009. You can see for yourself at this link: http://www.moga.mo.gov/statutes/c452.htm
    Generally speaking, the judges hearning family law and paternity law cases understand the rules applicable to child support, child custody and other related matters quite well. If the court heard the matter and made the changes you indicate, then there is likely nothing your neice can do other than bring another motion to modify if circumstance change significantly.
    Of course, you are always free to take your case to another attorney at any time if you lose confidence in your present attorney.

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