When Child Support Can Be Modified in Missouri

Child support orders in Missouri are not always permanent. Courts recognize that financial circumstances and the needs of children can change over time. When a substantial change in circumstances occurs, a parent may be able to request a modification of an existing child support order. Understanding when a modification is allowed is important for any parent who is paying or receiving support.

Legal Standard for Modifying Child Support in Missouri

Missouri law, under Missouri Revised Statutes Section 452.370, allows child support to be modified when there has been a substantial and continuing change in circumstances that makes the existing support order unreasonable. Courts will evaluate financial changes, changes in custody arrangements, and the needs of the child when deciding whether a modification is appropriate.

A common guideline used by courts is whether the new child support calculation would differ from the current order by at least 20 percent. If the difference meets or exceeds this threshold, the court may consider that a substantial change has occurred.

Common Reasons Child Support May Be Modified

There are many situations that may justify a modification of child support. The court will review the specific facts of each case, but common reasons include:

• A significant increase or decrease in either parent’s income
• Job loss or change in employment
• Changes in the child’s medical, educational, or childcare expenses
• A change in custody or parenting time
• Disability or serious illness affecting a parent
• One parent having additional children to support

It is important to understand that minor financial changes are usually not enough to justify modifying a support order. The change must be substantial and ongoing, not temporary.

How the Modification Process Works

To modify child support in Missouri, a parent must file a motion to modify with the court that issued the original child support order. The court will review updated financial information from both parents and may require a new child support calculation using Missouri’s Form 14 guidelines.

The court will then determine whether the legal standard for modification has been met and, if so, will issue a new child support order. Any modification is generally effective from the date the motion to modify was filed, not from the date the financial change occurred. This is why it is important to act promptly if circumstances change.

Important Considerations Before Seeking Modification

Parents should be aware that child support does not automatically change when income changes. The existing court order remains in effect until a judge signs a new order. Failing to pay the ordered amount can lead to enforcement actions, even if financial circumstances have changed.

Additionally, parents cannot privately agree to change child support without court approval. Any agreement must be approved by the court to be legally enforceable.

Contact a Family Law Attorney for Assistance

Child support modifications can be complex and require detailed financial documentation and legal filings. If your financial circumstances or your child’s needs have changed, it may be time to seek a modification. The Springfield family law attorneys at Courtney & Mills can help evaluate your situation, guide you through the modification process, and represent your interests in court. Contact our office today to discuss your case and learn more about your legal options.

Source:

revisor.mo.gov/main/OneSection.aspx?section=452.370