As any parent can attest, raising a child comes with some major expenses, and as needs and circumstances change over time, those expenses will often fluctuate. For divorced parents, this means that the custodial parent will need to seek a modification to the child support payments they receive from the noncustodial parent. Here’s a look at the basics of modifying support payments in Missouri.

Grounds for Modification

Child support orders can only be changed when there is sufficient reason that the present payments are inadequate for the child's needs. This is determined on a case-by-case basis, but there are some situations that generally provide a solid argument for modification. These include new or ongoing medical care for the child, the child moving in with the noncustodial parent, a parent's illness or disability, and a notable increase or decrease in the income of either parent. 

Factors in Determining Child Support

To make the decision most beneficial for the child, the court is going to look closely at a number of factors when considering a modification request. A judge will consider the financial needs and resources of both the child and the parents; the standard of living the child has enjoyed up until this point; the existing physical and legal custody arrangements; and the physical, emotional, and educational welfare of the child. The court will review these factors and how they’re affected by the modification request before rendering a judgment.

How to File a Motion to Modify Child Support

First, if both parents agree that support should be changed, they will not need to have a contested hearing or go to trial. This involves filling out a motion to modify child support, calculating the new proposed amount, and appearing in court at a hearing. If the parents can’t agree, the parent requesting the change will need to file a motion for modification, and the other parent will receive a summons.

The parent seeking the change must present evidence to the court that the modification is necessary, and the responding parent can also introduce evidence. This takes place at a contested hearing or trial, and a judge will render a verdict.

In either situation, a lawyer's help is essential. An attorney will help you complete the necessary paperwork, submit it to the appropriate authorities, represent you at all hearings and trials, and review the judgment after it’s handed down.

Child support can be a complex issue to navigate on your own. Legal Solutions For Families in Turmoil is here to help. Since 1986, the firm has been compassionately representing Warren County, MO, clients in all types of family law cases. Call (636) 528-5220 or visit the law office's website to schedule a consultation.