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VICTIM / WITNESS INFORMATION
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How do I get the prosecutor’s office to enforce my child support case?The prosecutor’s office works exclusively from referrals made to it by the Missouri Family Support Division. In cases where child support is not being paid, the Family Support Division will use those tools available to it to enforce a child support order. If those efforts are unsuccessful, a referral to the prosecutor’s office may be made. If you do not currently receive child support enforcement services through the Family Support Division, an application may be submitted at the following link: Missouri Department of Social Services If you already receive child support enforcement services through the Family Support Division, but would like to inquire as to a possible prosecutor’s office referral, you may contact the Family Support Division at 866-313-9960 (Order/Enforcement).
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I am a custodial parent due support and my case has been referred to the prosecutor’s office. What happens now?Upon the prosecutor’s office receiving a referral from the Family Support Division, the referral will be assigned to an assistant prosecutor for review. The assigned assistant prosecutor will make a determination as to whether the referral qualifies for the filing of a case, and whether the case will be filed as a criminal or civil family court case. The office will then reach out to the custodial parent to inform them of what actions are being taken. Custodial parents may also contact the office at the following number for case status questions: 417-868-4126.
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What determines whether a case is filed as a criminal or civil enforcement case?There is no single determining factor as to whether a case is filed as a criminal case or a civil family court case. Among factors considered are as follows: - Is current child support still due? If not, a criminal charge may not be possible due to the statute of limitations. - The amount of arrears owed by the person ordered to pay support. - The criminal history of the person ordered to pay support. - Location of the custodial parent (cases where the custodial parent lives out of state will mostly be filed as civil family court cases so as to avoid the custodial parent having to travel to Missouri to testify in a criminal case). - Miscellaneous other factors that arise on a case by case basis.
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What type of criminal charge may be filed?Missouri criminal statutes include the crime of nonsupport. The crime of nonsupport may be charged as a felony or a misdemeanor. As a Class E felony, the charge carries with it the possibility of incarceration of up to four years in the department of corrections and/or a fine of not more than $10,000. As a Class A misdemeanor the charge carries with it the possibility of incarceration of up to one year in the county jail, and/or a fine of not more than $2,000.
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Will my case be charged as a felony or misdemeanor?The decision of whether to charge felony or misdemeanor nonsupport in any individual case is in the discretion of the assigned assistant prosecutor. Factors considered in such a decision include, but are not limited to, the following: - Whether the person ordered to pay support is in arrears (behind in payments) more than the sum of a total of twelve months of court ordered child support. If not, the case cannot be charged as a felony. - The criminal history of the person ordered to pay support. - The existence of previous nonsupport cases filed against the person ordered to pay support. - Whether the person ordered to pay support has other criminal cases pending. - In the estimation of the assigned assistant prosecutor, what type of charge is most likely to achieve the best desired outcome.
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What type of civil family court case might be filed?If the assigned assistant prosecutor determines a civil case in family court should be pursued, the office will file a Motion for Contempt against the person ordered to pay support alleging failure to pay child support pursuant to the underlying child support order. In these cases, the person against whom the Motion for Contempt is filed must be personally served before the case can proceed. Once served, the person ordered to pay support will appear for court dates in family court. The assigned assistant prosecutor and the court will work with the person ordered to pay support to secure a resumption of payments. If unsuccessful, a contempt hearing will be set in which the Court will determine whether the person ordered to pay support is in contempt. If the Court enters a Judgment of Contempt following a hearing, the person ordered to pay support may face a court ordered payment plan with the prospect of incarceration until all or part of the arrears are paid in the event of noncompliance.
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I am a person ordered to pay child support. What methods are available to make payments?- Pay Online - Set up Auto Withdrawal - Mail a payment - Make a payment by Phone at 888-761-3665 - Make a payment at a “Pay Near Me” location - For persons ordered to pay support with an active civil or criminal nonsupport case IN GREENE COUNTY, and assigned to the prosecutor’s office, payment may be made at the Greene County Circuit Clerk’s Office at the Greene County Judicial Courts Facility, 1010 N. Boonville, Springfield, MO 65802. Cash and cards are accepted. Payors must present their Missouri Automated Child Support System (MACSS) case number and their civil or criminal case number in order for the payment to be processed. For further specific information on how to make payments using the methods listed above please click on the following link: Missouri Department of Social Services
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How can I track the progress of my nonsupport case online?Most criminal and civil cases can be tracked on Missouri Casenet by searching by case number or party name. Missouri Casenet also allows individuals to sign up for notifications when action occurs on a case. The following links provide further information: Missouri Courts Track This Case
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The Family Support Division referred my paternity case to the prosecutor’s office. What can I expect?Paternity cases are usually referred to the prosecutor’s office when one or more of the parties involved has not cooperated with the Family Support Division, or in certain circumstances where both an alleged father and legally presumed father (usually due to marriage) is involved. Once the referral is received, the prosecutor’s office will file a paternity case, arrange for genetic testing of the parties, calculate a child support amount and ensure entry of a final order. Note: The prosecutor’s office is not authorized to become involved in custody and visitation issues in relation to paternity cases.
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I need to get in touch with the Family Support Division, but I want to visit in person rather than by phone.In Greene County, the local Missouri Department of Social Services, Family Support Division Child Support office is located at 1735 W Catalpa Street, Unit A, Springfield, MO 65807.
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