How to Modify Child Custody Agreements After Divorce

Do You Need Help Modifying Your Child Support Order?

It is normal to feel like child support is some sort of punishment, a payment made from a parent to the custodial parent. Child support is not meant as a punishment; it is a way to ensure both parents are contributing to the upbringing of their shared child. That doesn’t stop it from becoming a major burden when circumstances change and payments seem unfair.

Modifying a child support agreement is a complex legal process that often requires court hearings and legal intervention. You can’t simply make an agreement with your child’s other parent, and doing so can become a very costly mistake. On the other hand, showing up to a modification hearing unprepared can result in your request being dismissed and your payments unchanged.

Brands Law LLC is here to help you understand the process of modifying child support, as well as help you determine if your changes merit a modification. Call 913-514-0909 to get started or keep reading to learn more.

What If You Need Your Child Support Obligations Decreased?

If your financial situation has significantly changed since your divorce, you may be able to request a modification of your child support order. In Missouri, courts allow child support to be reduced when there is a substantial and continuing change in circumstances that makes the current amount unfair or unmanageable. 

Common reasons include:

• Job loss or a significant decrease in income
• Unexpected medical expenses or disability
• A change in custody arrangements
• One parent’s remarriage or change in financial support needs

It is important for you to understand that you can not simply stop or reduce your payments on your own, and doing so could result in arrears or enforcement actions. Instead, you will need to formally petition the court and provide documentation that proves your circumstances have changed enough to warrant a modification.

What If You Think the Payments You Receive Should Be Increased?

If you are the custodial parent and you are receiving child support payments, you may believe that the current amount no longer meets your child’s needs; you may have the right to seek a modification. 

You may be eligible for an increase if:

• Your child now has greater financial needs, such as medical care or school expenses
• The other parent’s income has significantly increased
• There has been a shift in custody or parenting time that places more financial responsibility on you.

Just like a payment reduction, to pursue an increase, you will need to petition the court and present clear evidence of the change. If you are unsure whether or not you have the needed evidence, you can call 913-514-0909 to speak with an experienced family attorney.

What Is the Modification Process in Missouri?

In Missouri, to modify child support, you will have to go through court to ensure any changes are legally binding. Whether you are seeking an increase or a decrease to support payment, the court must determine that a substantial and ongoing change in circumstances has occurred.

This process typically follows these steps:

1. Identify the grounds for modification

• The change must be significant, ongoing, and directly impact the child’s welfare or a parent’s ability to meet their obligations.

    2. File a motion to modify

• You will need to file this with the family court that issued the original order. The motion will outline the requested changes and reasons behind them.

    3. Serve the other party

• The other parent must receive legal notice, giving them the chance to respond to or contest the request.

    4. Attend a court hearing

• Both parties present their evidence. The judge will review financial documents, parenting schedules, and any supporting testimony.

    5. Receive a court decision

• If the judge finds the change justified and in the child’s best interests, a new court order reflecting the modification will be issued.

If that seems like a lot, that’s because it is. This is a complex legal process, and making a mistake during any one of these steps can severely impact your modification request. That’s why you should employ the legal services offered by Barnds Law LLC to help guide you through the process and give you the support you need to succeed.

Why Would a Modification Petition Be Denied?

Not all modification requests are granted. Some common reasons for a denial include:

• Insufficient evidence of change: If you can’t show that your or your child’s circumstances have changed significantly and that those changes are ongoing, the court may reject your request.
• Temporary or voluntary changes: Short-term issues, such as a brief job loss or changes you chose, may not meet the legal threshold.
• Lack of impact on the child’s well-being: Ultimately, the court’s primary concern is the child’s best interests. If the change doesn’t materially affect the child’s needs, the modification may be deemed unnecessary.
• Failure to follow proper legal procedure: Missing deadlines, filing in the wrong jurisdiction, or failing to serve the other party properly can result in an automatic denial.

Do You Need a Family Law Attorney for a Child Support Modification?

Working with an experienced attorney can make all the difference in both the outcome and the process of child support modification. Modifying child support in Missouri requires more than just filling out forms; it involves providing persuasive evidence, following legal procedures, and understanding how the law applies to your unique situation.

The family attorneys at Barnds Law LLC can help you understand the process and determine whether you meet the legal standard for modification, increasing your odds of a successful modification.

Call 913-514-0909 to schedule a free consultation and find out where you legally stand.