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SMITH v. SMITH

No. SD 30010.

309 S.W.3d 843 (2010)

Sharon Jean SMITH, Petitioner-Respondent, v. John Antonio SMITH and Missouri Department of Social Services, Division of Child Support Enforcement, Respondents-Appellants.

Missouri Court of Appeals, Southern District, Division One.

April 30, 2010.

Attorney(s) appearing for the Case

Don W. Crank, Springfield, MO, for Appellant.

Dan K. Purdy, Osceola, MO, for Respondent.

JEFFREY W. BATES, Presiding Judge.

The trial court entered a judgment permanently enjoining the Missouri Department of Social Services, Division of Child Support Enforcement (DCSE) from collecting child support from Sharon Jean Smith (Mother). Because Mother waived the right to challenge the constitutionality of the underlying administrative child support order and accepted the burden of that order, the trial court's decision was in error. The judgment is reversed...

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