Legal Question in Family Law in Missouri
Adjustment in Child Support
Modification of Child Support
I have a court judgment ordering me to pay child support in a substantial amount.
Since the court order my financial position has change tremendously and so has the custodial parents condition. Due to change I have worked an additional job to meet up to my responsibilities. The custodial parent complains about the time I spend with my child, however due to the fact that I work both jobs I don�t have that much time to spend. When the judgment was put into place I worked an enormous amount of overtime. The same company that I work for is now on the brink of closing down, one of the reasons for me attaining other employment. The primary job just announces a 10% percent pay decrease, which is the job that child support was based on. The custodial parents income has increased in the 4 yrs since judgment.
Although I know that there has to be a 20% change in finances on either party, is there a way that I can have the courts see that I work the second job to substitute the income I received when working the overtime on the first job? Would it be feasible to go back to court and ask for partial custody and a reduction in child support?
1 Answer from Attorneys
Re: Adjustment in Child Support
I would suggest that you contact an attorney for a consultation to review the facts and give you competent legal advice. The law is that in order to obtain a modification of an existing Order, there must be a continuing and substantial change in circumstances (the circumstances of the custodial parent or the child specifically) which makes it in the best interest of the parties that the existing Order be modified. Regarding Child Support, there will be a presumtion that a modification is necessary in cases where a recalculation of the child support figure persuant to Supreme Court Rule and Form 14 using current income and other pertinent figures results in a child support figure which is 20% more or less than the original figure.
It is unlikely that an attorney will be able to give you good advice without obaining all of the necessary information first. You may call me for a free telephone consultation at 314-727-2822 if you are not already represented by legal counsel. I will be glad to discuss attorney's fees and costs with you at that time. Thank you.
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