How far behind on child support before jail in missouri

What Happens If You Don’t Pay Child Support in Missouri?

According to Missouri law, the financial owed from a parent to a child is not negotiable. When a court issues a child support order, parents are expected to make every effort to comply. While there are exceptions that could allow for late payments or even changes to the order itself, many judges will aggressively pursue enforcement measures against a parent that does not pay.

So what happens if you don’t pay child support in Missouri? There are a number of actions the court could take. The government could take steps to seize money from your tax return or even your bank account. In some cases, you could even face the threat of jail time for the failure to pay your child support obligation.

It is important to remember that these harsh outcomes are never guaranteed. With the right legal counsel, it could be possible to avoid these issues by either reaching an agreement with the other parent or obtaining relief from the court. A J. Rench Law Firm, LLC is here to help you navigate these issues. Call right away for a free consultation.

Enforcing Child Support Orders

Child support orders provide non-custodial parents with clear, unambiguous support obligations they must pay each month. The failure to do so could result in a number of consequences, including a motion for contempt.

When the custodial parent believes that they have not received the support ordered by the court, they can file a motion to enforce the terms of the agreement. This motion could result in a number of serious consequences for a non-paying parent. Some of the enforcement tools that could be used include:

Withholding earnings. The state could garnish a parent’s wages if they fail to make their support payments.
Seizing funds. A parent could see certain funds that are controlled by the government seized to resolve a delinquent support obligation. This could include tax refunds or lottery winnings.
License suspension. The state has the power to suspend a parent’s driving privileges based on the failure to pay child support.

The Potential for Jail Time in Missouri

When it comes to consequences for the failure to pay child support, arguably the most significant penalty is incarceration. Most parents that are behind on child support will never be locked up due to their failure to pay. However, there is a possibility of jail time in some cases.

The fastest way to face jail time due to the failure to pay child support is by refusing to appear in court and defend yourself. If the other parent files a motion with the court seeking to enforce the child support order, the judge will set a hearing. A parent that fails to appear at such a hearing could face a warrant for their arrest.

Of course, it is possible to be arrested and taken into custody even if you attend the hearing. Under the law, it is a crime to fail to pay child support in some cases. A delinquency of $5,000 could result in felony charges against you. There are also criminal penalties if you are at least six months behind during a 12-month period.

An order to appear and answer for your delinquency does not mean you are certain to face jail time. The court will give you a chance to respond, and you could avoid serious consequences if you have a valid reason why you are behind. Your best bet in these situations is to rely on the advice of legal counsel. The sooner you speak to an attorney, the more likely you are to remain out of jail.

Discuss your Child Support Delinquency with an Attorney in Missouri

If you are behind on your child support or have not been paid what you are owed by the other parent, it is vital that you seek legal counsel right away. An attorney could advise you on your rights and responsibilities when it comes to child support obligations. Reach out to the J. Rench Law Firm, LLC as soon as possible to schedule your initial consultation.

Missouri Child Support Enforcement

Created by FindLaw's team of legal writers and editors | Last updated March 23, 2018

Missouri child support enforcement actions are triggered by the failure of the paying parent to comply with a formal court order for child support. Informal agreements between parents are not enforceable. There following article provides an overview of Missouri child support actions, the authorities involved, and the actions they can take against you or on your behalf.

Enforcement Authorities

A child support order may be enforced by the Missouri Family Support Division - Child Support Enforcement [FSD], an agency established specifically to assist parents and guardians in obtaining and enforcing child support orders, or by the courts, which retain independent judicial authority to enforce child support orders. FSD uses an administrative process to enforce child support obligations.

Methods of Enforcement

Missouri child support enforcement often involves wage withholding, also called wage garnishment. Wage withholding involves making the paying parent's employer withhold a portion of their wages to be paid to the receiving parent. Wage withholding is available without notice to the party paying support.

The FSD and the family court may pursue any of the following enforcement measures:

Tax return, unemployment, and lottery winnings withholding;
Real estate and property liens and attachments;
Credit bureau reporting; or
Suspension of drivers and professional licenses.

There are also two kinds of prosecutions that can take place:

Statute

Missouri Revised Statutes, Chapter 454, Enforcement Support Law 454.390-454.1730

Civil Contempt

The FSD may issue a referral to the Child Support Enforcement Division of the prosecutor's office. The prosecutor reviews the referral and may issue an Order to Show Cause requiring the delinquent paying parent to appear in court and explain why they should not be held in contempt for failing to pay the court ordered child support. The Order to Show Cause must be personally served on the paying parent at least 7 days before the hearing date.

At the hearing the paying parent may provide any relevant excuses or seek an arrangement to begin making payments and establish a payment record. There may be a continuance to provide the paying parent an opportunity to begin complying with the order. This may result in multiple hearings.

However, if the paying parent does not comply with the Order to Show Cause, fails to make required payments, and otherwise appears unwilling to cooperate, the court may issue an order of contempt and sentence the delinquent paying parent to serve jail time.

If the delinquent paying parent fails to appear altogether, the court may issue a Writ of Body Attachment with an associated bond equal to the amount of the child support arrearages.

Criminal Charges

Criminal prosecution possible if paying parent fails to pay child support for six months within a twelve-month period or an aggregate delinquency of more than five thousand dollars is a felony.

Criminal nonsupport charges punish the failure to pay, but they do not result in a new order for payment. Unlike a civil contempt order there is no new court requirement to pay.

Note: State laws are always subject to change through the passage of new legislation, rulings in the higher courts (including federal decisions), ballot initiatives, and other means. While we strive to provide the most current information available, please consult an attorney or conduct your own legal research to verify the state law(s) you are researching.

Additional Resources for Missouri Child Support Enforcement

If you have additional questions about child support in Missouri, click on the links below for more information:

Missouri Child Support Guidelines
Missouri Family Laws
Child Support

Get Professional Legal Help With Your Child Support Issue

Missouri child support enforcement can involve a confusing tangle of agencies, courts, and court officers. Whether you are seeking the enforcement of a child support order against the paying parent, or have an enforcement action against you, the assistance of an experienced family lawyer may be necessary to most effectively present your side of the story. Don't delay; get in touch with a Missouri child support lawyer today.

The Story of a Man Who Was Forgotten to Jail

On August 15, 1999, in St. Charles, Missouri, a Burger King manager closed the outlet and put the day's proceeds—just over $2,000—into two bags. He then drove to a nearby branch of the bank. There, two dark-skinned masked men suddenly ran up to him and, threatening with pistols, ordered him to put the bags on the ground. The manager raised his hands up, after which the attackers grabbed the money and disappeared in the area of the nearest houses. The victim ran out into a crowded street in the hope that a police car would pass there. And I noticed a blue two-door car coming out of that area. It was on it, as it turned out later, that the criminals fled. The manager memorized the number of the car. Thanks to this, it was possible to detain the intruders in hot pursuit.

"Guilty"

The day after the robbery, police found 22-year-old Cornelius "Michael" Anderson's two-door Plymouth in the parking lot about a kilometer from the bank branch. Fingerprints on the passenger door belonged to Anderson's friend Laron "Jay" Harris, who was detained the same day. Harris has already been convicted of auto theft.

The police came to Anderson only two months later. He was hiding with his girlfriend, but when he was detained, he confessed to the crime. According to Anderson, his friend Harris offered to rob the night manager, who also threatened him with an air pistol. Anderson himself claimed that during the attack he only depicted weapons with his hands.

Harris was a bad influence on Anderson, family friends told police. They were close and called each other brothers, even if they were not brothers by blood.

After the arrest, the criminals chose different tactics. Laron Harris did not admit his role in the robbery and received a ten-year sentence. Anderson chose a frank confession. He hoped that cooperation with the investigation would help him get a year or two of probation. But after some time it became clear that he was facing at least ten years. In March 2000, against the advice of the agreement's attorney, Anderson agreed to a jury trial. It was a disaster from the very beginning.

During a search of his residence, the police found an advertisement for Beretta semi-automatic pistols. Prosecutor James Gregory used the flyer as evidence that Anderson had the weapon he used in the robbery. Although no pistol was ever found on him. In his closing remarks, Gregory told the jury, "You can't walk down the street because you're being robbed? People like Anderson are to blame for this. He prefers to hang out rather than work. How do those who lack the ambition to work, like you and me, live? They steal."

As a result, the jury returned a guilty verdict. Anderson received 13 years: ten for robbery and three for an armed criminal act.

They forgot about the convict

Anderson left the prison in June 2000, ten months after the robbery. Relatives raised money for him for a new lawyer, who wrote and filed an appeal. After that, Anderson was released on bail of $ 25,000 - it was the property of his stepfather. The new lawyer, Alan Kimbell, took the position that the Beretta pamphlet proved nothing and should not have been shown to the jury so as not to create prejudice against the defendant. But the appeal "overpowered" the verdict. Following the defender appealed to the Missouri Supreme Court, which agreed to accept the complaint. This was in 2002. Then Anderson married for the first time, became a father and studied carpentry.

The court examined his complaint. “The pamphlet only confirms that the evidence is weak,” Judge Michael Wolff wrote. “Without it, the evidence base for an armed criminal act cannot be called convincing. ” According to Wolf, the case should have been retried, but four of the seven judges voted to uphold the verdict.

Next, the defense went to the US Supreme Court, but their appeal was not accepted for consideration.

At this point, the authorities should have issued a warrant for Anderson's arrest. But that did not happen. It is not clear where exactly they made a mistake: in the Missouri Supreme Court, in the appeal or in the first instance. At the next stage of the challenge, the complaint clearly stated that Anderson was not currently in prison. Several documents showed the address where Anderson was living at the time. But no one paid attention to it.

In this story

September 10, 9:12 am

Anderson has an idea how this could happen. He recalls that in 2004, the lawyer met in court with Judge Judy Ranch and prosecutor James Gregory about the latest complaint. The defense lawyer just filed a document, where it was said: “The applicant is not currently in prison. ” As the lawyer recalls, at that moment the accuser jumped up from his seat and said: “We checked in the morning, he is in Fulton prison.” The lawyer had not communicated with the client for several days and decided that he had finally been arrested. As Anderson recalls, a day or two later he called a lawyer to find out how the meeting went. And he was surprised: “What, you weren’t detained?” The client replied: "No!"

Such clarifications of the status of a convict, as in a meeting with Judge Ranch, usually go off the record. Prosecutor Gregory died in 2005 at the age of 71. Judge Ranch has been retired for ten years. If Gregory really made a mistake, then this is a link in a mysterious chain of procedural violations. But that doesn't make it clear why no one issued a warrant for Anderson's arrest in 2002. Or why the Department of Execution of Sentences did not notice that they were missing a person all these years.

“No one needs you,” Anderson was told in those years. “I remembered it every day for 13 years,” he says. “Every time you're driving and a police car is following you... It's terrible. Therefore, I began to appreciate the time spent with my family, especially with my wife. I love my wife, I want to be with her all the time. I began to appreciate every moment that I have.

Anderson and his second wife LaQuonna started dating in 2005. She didn't know anything. "Should I have told her? Probably worth it. But I didn't want to scare her. Every day I wondered if this was too much for her.”

LaQuonna says: “If the lawyers had advised him to surrender then and he told me, I would have supported them. Although everything happened differently. But I would marry him anyway." True, if Anderson had given up in 2002, they would not have started dating, married and had two children.

Found a mistake

The authorities forgot about him for 13 years. All this time he did not hide, did not change his name, did not go far. Settled in a few blocks from the address that he previously reported to the court. He paid taxes and car fines, renewed his driver's license and registered a construction business at his address [1].

Anderson was missed only in July 2013, when it was time to release the convict. The Missouri Department of Corrections found that there was no one to release. Realizing the mistake, officials sent a SWAT team after Anderson with machine guns, which broke into the house while Anderson, in pajamas, was feeding breakfast to his three-year-old daughter. The wife was on a business trip.

In 2013, he bore little resemblance to the 22-year-old boy who was arrested for armed robbery: he became a good husband and father, parishioner, football coach. “I go to him for advice about family life,” said his best friend Stuart King. “In recent years, he often goes to church.” Anderson's business partner and friend claimed that he worked 70-80 hours a week at his company: "He doesn't drink or swear, he's a family man, he goes fishing."

In July 2013, Anderson was placed in a cell. And the law enforcement and judicial system faced the difficult question of what to do with him next. The Riverfront Times interviewed several lawyers in 2013, and no one gave an exact answer on how to act according to the law. Someone called imprisonment for 13 years a very real prospect. The story was covered by the media, with a petition for Anderson's release on change.org garnering more than 35,000 signatures. In parallel, his lawyers wrote a petition for clemency.

Judge Terry Lynn Brown put an end to this story in May 2014, who released 37-year-old Anderson. The judge concluded that the conclusion would be meaningless. Instead of releasing him on parole, the judge decided to "set off" the 4,794 days between the day of his conviction and the day of his arrest in 2013. Brown praised Anderson for exemplary behavior: “You are a good husband and father, a good Missouri and a good taxpayer. All this convinces me that you have changed. You are a free man."

Anderson's wife, little daughter and mother were waiting in the courthouse for the released Anderson. The family burst into tears and went to celebrate his release. And before leaving, Anderson told reporters that he was very happy: "Thank you for everything to God" [2].

Free abbreviated translation

1. An oversight allowed a convicted man to walk free for thirteen years. Now the justice system wants to restart the clock (Riverfront Times).

2. Man who went to prison 13 years late ordered released (CBS News).

Interpravo

Thank God Mormons recruit the dead, teach children sex and believe in Christ the American "polygamists" and "sect". Meanwhile, Mormons are the most influential part of American society. They were brought up again after the death of Thomas Monson, the aged leader of the largest and most famous branch of the faith, The Church of Jesus Christ of Latter-day Saints (LDS).

Lenta.ru found out what the beliefs of the followers of this creed are, why Mormons baptize the dead, and why many Americans consider them strange.

The Church of Jesus Christ of Latter-day Saints was founded by Joseph Smith in 1830 in western New York. The first parishioners were attracted by an unusual scripture - the Book of Mormon, from which the followers of the doctrine got their name. Smith claimed that its text was once written on gold plates in modified Egyptian characters by a prophet named Moroni, and many years later he allegedly appeared before him in the form of an angel and told him how to find and translate this book.

Experts believe that Smith himself wrote the book, based on the materials and ideas of that time, but it also contains a number of original judgments. For example, it says that the ancestors of mankind, after being expelled from paradise, lived in the territory of the modern state of Missouri. When Adam decided to bless his followers for the last time before his death, Jesus Christ appeared to them and gave some revelations.

Mormons tried for a long time to find their place in North American lands and wandered around different states - Ohio, Missouri, Illinois. In Illinois, Smith and his brother were arrested and imprisoned, where they were killed in the summer of 1844. After the death of the founder, the movement split into groups that believed that it was they who kept the true teaching. The most prominent of these are the Community of Christ and the fundamentalist Church of Jesus Christ of Latter-day Saints.

LDS members gradually made their way to the area that later became known as the state of Utah. Since then, the headquarters of the Mormon church has been located there. In the 20th century, the organization has grown greatly and turned into an international one: now it has almost 16 million followers around the world, and its head is called a prophet.

Believe or not believe

LDS consider themselves a restored early Christian church founded personally by Jesus Christ. Like followers of traditional Christianity, they believe in the divine origin of Jesus, his redemption and resurrection, as well as salvation and the forgiveness of sins. They also rely on the Bible, but complement it with three other texts - the Book of Mormon, the Doctrine and Covenants, and the Pearl of Great Price.

Joseph Smith claimed to have learned about the "Book of Mormon" from the prophet Moroni, who appeared to him as an angel

Photo: Public Domain / Wikimedia

Mormons do not recognize the trinity of God. They believe that there is a God the Father, his son Jesus Christ, and the Holy Spirit who share a common purpose and will as Deity, but are three different entities. The denial of this aspect of the Nicene Creed is considered the most important difference between the Mormon religion and the mainstream Christian denominations.

Serious differences also include the belief in a plan for the salvation of mankind, which implies the presence of three heavenly kingdoms (“Degrees of Glory”), the doctrine of “exaltation”, which speaks of the ability of people in the afterlife to become gods, as well as various rites, including the so-called sealing marriage for eternity.

The Mormons also have a special code that sets a certain diet for the followers of the doctrine. Thus, the "Word of Wisdom" forbids drinking alcohol, advises to limit the consumption of tobacco, coffee, tea and meat, and recommends eating vegetables and fruits. But a violation of the diet is not a reason for weaning.

Latter-day Saints believe that all Christian churches have strayed far from the true original teaching. Baptisms performed by other Christian churches are not recognized by the LDS because they are believed to have been performed by priests who were not empowered.

Rich and Weird

LDS is considered one of the richest religious organizations per member. Its followers allocate a part of the income for the needs of the church - the traditional tithe. Contributions go to the maintenance of a network of commercial, non-profit and educational structures. Mormons are actively investing in business and real estate and have even opened a large shopping center in Salt Lake City.

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They also have significant political weight in the United States - including presidential candidates rely on their support. In recent decades, most of the followers of the doctrine supported the Republican Party.

However, SPD members show less and less attachment to a particular political organization. An example is the recent US presidential election. Donald Trump, who won in 2016, represented the Republicans, voted for him six out of ten Mormons - 61 percent. It seems to be a lot, but compared to previous years, the figure decreased immediately by a quarter, even in Utah the billionaire could not enlist the support of at least half of the church members. It is noteworthy that before the election, only a third of the SPD was going to support him, but at the last moment, the most indecisive, apparently, returned to a long tradition.

Mormons, despite their long history, remain wary and prejudiced. It is believed that it was the affiliation to the Latter-day Saints that prevented Republican Mitt Romney from defeating Barack Obama in the US presidential election in 2012. But church members continue to adhere to their beliefs and practices.

Being a Latter-day Saint prevented Republican Mitt Romney from defeating Barack Obama in the US presidential election

Photo: Randall Hill / Reuters

Patriarchy and immoral apostates

In addition to dogmatic differences, Mormons do not agree with the concepts accepted in modern society on other issues.

The church is rather conservative in the issue of women's rights - they are most often just wives and keepers of the hearth, which, however, does not prevent them from becoming beauty bloggers.

The head of the church, Thomas Monson, who died in early January, steadfastly refused to move away from the patriarchal way of life for ten years of his reign. He increased the number of female missionaries and increased their role in decision-making, but never recognized their right to be clergy, and the campaign leader for their ordination was excommunicated.

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The history of plural marriage, however, is a thing of the past: Latter-day Saint members are now monogamous. They abandoned polygamy at the end of the 19th century, and those who disobeyed were even excommunicated from the church. This practice, however, is still followed by fundamentalist Mormons, from whom the LDS strongly disavows.

The most serious split between Mormons and the American people was over the rights of the LGBT community. The LDS Church insists on the inadmissibility of any same-sex relationship.

As early as 2008, Mormons joined the campaign to make same-sex marriage illegal in California, and later supported a ban on gay discrimination in Utah. When same-sex unions were legalized by the Supreme Court throughout the United States in 2015, the Mormon Church issued a strong rebuke.

Those who entered into such marriages were declared apostates, and their children were prohibited from full membership. To restore it, people who were raised by a gay couple needed to completely renounce the way of life of guardians. After that, the ranks of the Mormons thinned slightly: fifteen hundred people left them.

That same year, the church, as the largest sponsor of the Boy Scout movement, took several months to review its relationship with the Boy Scouts of America youth organization because it allowed gay counselors in full-time positions. Teenagers with a non-traditional orientation began to be accepted into the Boy Scouts in 2013.

The Mormons still did not break off relations, since the detachments formed according to the religious principle will themselves be able to choose leaders that suit them.

At the same time, the LDS noted that although homosexuality is immoral, "non-practicing" gays can have the same rights and privileges as other members of the church. By the way, Mormons have been tolerant of blacks for decades: African-American men can become priests of the church since 1978.

Mormons are quite conservative on the issue of women's rights and consider same-sex relationships unacceptable. For example, when the parody “Book of Mormon” by comedians Trey Parker and Matt Stone, authors of the legendary animated series “South Park”, was released in the United States, the Mormons were not offended. When it became a musical and nationwide, the church even bought advertising space on posters and put up posters with slogans like “Did you like the Book of Mormon? We invite you to learn about real Mormons at: ... "

The authors expected this kind of reaction. “We grew up with Mormons, and these guys are always trying to win by being kinder than you and worthy of you,” Trey Parker told VICE.

The hair on your arms will grow back

Mormons are known for their close attention to the sexual side of life. With children aged 10-17, they conduct so-called "episcopal interviews". They pass without strangers. A young man or girl may be asked if they masturbate, have experienced an orgasm, and what they know about sexual positions. “In no other situation would a parent allow or encourage their minor child to talk to an adult about sex,” says therapist and wife of LDS bishop Julie de Azevedo Hanks.

However, there is a possibility that this practice will be canceled: it is increasingly viewed by parents as unnecessary and violating the personal integrity of the child. De Azevedo Hanks believes such reform is long overdue and will make the environment for young Mormons healthier.

Perhaps the roots of this tradition lie in the tradition of sexual education of young Mormons. In December 2017, a handbook given to Latter-day Saints that sheds light on their beliefs became public. The brochure was written back in 1981, it has not yet been declared irrelevant.

According to this "guidebook", homosexuality is not inherent in a person, but is acquired in early childhood due to unhealthy development. Its main culprits are called non-parents and dominant mothers. In addition, the Church Fathers believe that masturbation can make a person gay, or even a criminal.

Latter-day baptism

Mormons also perform very specific ceremonies. For example, the ritual of baptism "by proxy": this ceremony is performed on representatives of the dead, usually relatives.

The ceremony is directly related to one of the main teachings of the church that families spend eternity together. According to Mormon belief, it does not make the dead adherents of religion, but gives their souls in the afterlife the right to choose and allow them to rise.

At the end of 2017, it was revealed that 20 Holocaust victims, the American actress Marilyn Monroe (died 1962) and the actor Humphrey Bogart (died 1957), had been “recorded” to the LDS church in the last five years in this way. For some reason, the mother of Queen Elizabeth II of Great Britain, the grandparents of American star Kim Kardashian and actress Carrie Fisher, who died in 2016, also turned out to be posthumously rebaptized. Film director Steven Spielberg, current US President Donald Trump, politicians Hillary Clinton, Joe Biden, John McCain and Mike Pence suddenly became Mormon descendants. In none of the cases was there a proven connection between the mentioned persons and the church.

The LDS Church quickly responded to the scandalous information: all identified "unauthorized" ceremonies were cancelled.

But the scandal still erupted, since the Latter-day Saints have had an official ban on posthumous baptisms of celebrities and Holocaust victims since 1995, except in those really rare cases when they are the immediate ancestors of today's Mormons.

The rule was established after it turned out that the rite was performed for several hundred thousand who died during the Holocaust. Jewish leaders then condemned the incident and considered the ceremony highly offensive.

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To avoid such misunderstandings, the church maintains specially trained personnel who monitor the huge genealogical database where each baptism is entered and "block" the rites on specific people. Among them are those who are included in the constantly updated list of victims of the Holocaust.

Mormons are estimated to catch between 5 and 12 attempts to baptize dead Jews every month, so just 20 cases in five years is considered a very good result.

However, there are already quite a few well-known Mormons in the USA, they can be found among representatives of almost any profession. In addition to the already mentioned politician Mitt Romney, these are, for example, actress Katherine Heigl, guitarist of the Imagine Dragons rock band Wayne Sermon, violinist Lindsey Stirling, famous for her YouTube videos, and John Willard Marriott Jr., chairman of the board of Marriott International.

Old people are dear to them

Recent years have been quite turbulent for SPD. Monson's predecessor, who had connections with the media, was able to change the image of the Mormons: instead of a marginalized church, they began to consider it more mainstream. However, the attitude of the Latter-day Saints over the ensuing decade of “cautious innovation” caused many to reconsider their attitude: the cultural divide turned out to be much stronger than it seemed.

The community will continue to develop under the leadership of former cardiac surgeon Russell M. Nelson, 93. This can be said with certainty, because the head of the church is chosen without any drama and voting. Mormons avoid intrigue by adhering to a gerontocracy: the position is given to the most senior member of the Quorum of the Twelve Apostles, the second level of authority in the organization.

Such a system guarantees that the next head will be really old. Thus, the first applicant born after the Second World War is only in seventh position.

Thomas Monson steadfastly refused to leave the patriarchal order

Photo: George Frey / Reuters

Nelson is already older than Monson, who died at 90. And if the latter was practically incapacitated before his death - his speeches during speeches turned out to be incoherent, and then he completely stopped appearing in the office, at general meetings and conferences - then the new chapter for his age is vigorous both physically and intellectually.

It is believed that Nelson is unlikely to radically deviate from the conservative course of his predecessor, especially since he was one of the initiators of the resolution on the apostasy of gay Mormons.