Considering the fluctuations of the current economy: job loss and reduction in hours and income, dealing with changes or modifications to child support payments is critical. If you are experiencing a significant change in income, it is important you immediately talk with an attorney who specializes in child support orders and child support enforcement in Missouri.
Inaction can quickly lead to financial disaster.
When Can a Parent Modify an Existing Order for Child Support or Custody?
In Missouri, either parent can request a modification of an Order for Child Support, Child Custody or Parenting Plan. It does not matter if you are the custodial parent, the non-custodial parent or if there is joint child custody.
Apart from an agreement between both parents, contested Modifications of Orders for Child Support or Child Custody can be a long and difficult process. It is best to speak with a family law or child custody attorney to help represent you in the Family Court.
Changes in Situations; Changes in Child Support
In some situations, circumstances change to the point that a Modification of Child Support becomes necessary for a parent or crucial for the well being of the child.
It is first important to recognize whether a continuing and substantial change in circumstances has occurred from the divorce (Dissolution of Marriage) or the last Order of Child Support. A significant change in income (of either parent) is typically the change that affects a change in child support payments.
Child Support Calculator
Missouri uses a Form 14 to calculate how substantial the change of child support payment may be. You can find many “child support calculators” online, but it is important not to rely on your calculations or their accuracy. These online child support calculators often do not keep up with the changes in law and can be misleading. You should talk with an experienced attorney who can fill out Missouri’s official Form 14 child support calculator. Only then will you have the most accurate child support payment amount.
Typically, a change in child support payment can be affected if the child support calculator shows a change of 20% or more from the current amount ordered.
A Change in Child Custody
Custody modifications are usually emotional and can be difficult. Substantial changes can range from a simple relocation of one of the parents, to allegations of neglect or abuse. While some occurrences are easily documented (criminal offenses or investigations by the Missouri Division of Family Services), other trials may need to rely on the testimony of experts and eye witnesses.
The party making the allegations will generally need to convince the Court that the allegations are true and that the child was or is directly affected by the conduct. If the argument is successful, the Judge has wide discretion in limiting visitation or requiring all visitation to be supervised.
Modifications of Child Custody and Child Support following a divorce can be difficult, emotionally taxing and legally challenging. If you have a need to discuss these issues, contact Bradley Bodeux of Niedner, Bodeux, Carmichael, Huff, Lenox and Pashos L.L.P. in St. Charles, Missouri. Bradley is a family law attorney in Missouri. He is a certified and active guardian ad litem (GAL), with experience handling child support and child custody issues.
You may email him at BBodeux@NiednerLaw.com or call his St. Charles office at 636.949.9300.