Informal Opinion Number: 950096

QUESTION: Attorney is a prosecuting attorney. Attorney represents the custodial parent in a child support case. The division of child support enforcement is also a party. Does Attorney have a conflict in light of the involvement of the division of child support enforcement? ANSWER: Based upon the facts described, it does not appear that Attorney´s representation of the custodial parent is, in any way, adverse to the interests of the division of child support enforcement. If the interests of the custodial parent are not adverse to those of child support enforcement, Attorney does not have a conflict of interest. If there are facts which indicate a dispute between child support enforcement and the custodial parent, such as a dispute over who is entitled to the funds recovered by child support enforcement, Attorney does have a conflict.

Informal Opinions are ethics advisory opinions issued by the Office of Legal Ethics Counsel to members of the Bar about Rule 4 (Rules of Professional Conduct), Rule 5 (Complaints and Proceedings Thereon), and Rule 6 (Fees to Practice Law) pursuant to Missouri Supreme Court Rule 5.30(c). Written summaries of select Informal Opinions are published for informational purposes as determined by the Advisory Committee of the Supreme Court of Missouri pursuant to Rule 5.30(c). Informal opinion summaries are advisory in nature and are not binding. These opinions are published as an educational service and do not constitute legal advice.

To request an Informal Opinion, please visit: http://mo-legal-ethics.org/for lawyers/requesting-an-informal-advisory-opinion/.

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