Legal Question in Family Law in Missouri

Re: Child Support Modification

Yes, the support order can be modified by the court if there is a "substantial and continuing change of circumstances" since the entry of the last decree. For example, the parent paying child support might move to decrease child support based on decreased income or decreased needs of the children, or the parent receiving child support moves to increase child support based on increased needs of the children or increased income of the paying parent. If the prior support decree was based upon the standard Form 14 amount and if your friend's income has changed by 20% or more, this is strong evidence that an increase or decrease in child support might be warranted. Typically, child support will not take 3/4ths of the non-custodial parent's income, although it is possible in limited cases where the non-custodial parent is paying current child support as well as past due child support. If your friend would like to seek a modification given his change in income, feel free to contact my office or another attorney that handles such matters.

Re: Child Support Modification

The previous response to your question was pretty good. I have personally handled many, many such modifications over the last twenty-five years. However, I believe that the law is that a presumption in favor of the modification arises in cases where a current calculation of child support using Form 14 and the Supreme Court guidelines results in figure 20% more or less than the existing support figure. Also, there is a brand new Form 14 which may be used now and which must be used after January 1, 2003. In order to pursue the modification it would be advisable to calculate child support using the new form. If the figures work out, then you would file a Motion to Modify in the same Court that issued the existing child support Order. The other parent would be served, and have thirty days to respond. The other parent quite often files his or her own Motion to Modify at this time. Both sides are entitled to conduct discovery just as in other civil litigation. A settlement conference is scheduled in Court and most matters are resolved. However, it may be necessary to actually have a Court hearing (trial) if the parties cannot reach an agreement on the proposed modification. Of course, each side would also have the right to file an appeal if dissatisfied with the results of any such hearing. Most attorneys will require a reasonable retainer fee and agree to bill against that retainer at their hourly rate. The client will be responsible for any filing fee or other costs. In some cases it is possible to seek payment of attorney's fees from the other side. If you are located in the Eastern half of the state, I would be able to offer my services to you. You may call me for a free telphone consultation at 314-727-2822. Thank you and good luck.