Missouri Motion to Modify or Amend Divorce Decree to Provide for Decrease in Amount of Child Support
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FAQ
The new custody law in Missouri sets forth a rebuttable presumption that an award of equal, or nearly equal, parenting time is in the best interests of the child.
It's possible to request the court to waive child support arrears owed to the other parent. Both parents must agree on how the arrears are settled, such as by paying only part of the total amount and waiving the remaining balance.
Change in Income: If there has been a substantial increase or decrease in either parent's income, seeking a child support modification may be appropriate. This can occur due to job loss, promotion, change in employment, or significant changes in financial circumstances.
Under modifiable maintenance, the court may order that the maintenance be decreased, increased, terminated, extended, or otherwise modified based upon a substantial and continuing change of circumstances. A party must bring an action to modify maintenance and in order for the court to modify it.
It is not necessary to go to trial or have a contested hearing to make a simple change to the parenting plan if both parents agree. Parents may agree to an informal simple or minor change. Such simple or minor changes may include a change in days, times or exchange location.
If you believe your existing divorce judgment is unfair due to changed circumstances, you can seek a modification. Maybe you were fired, retired, or even remarried since the date of your judgment. Maybe you've experienced health problems or suffered through a major life event, resulting in an income reduction.
One party can ask the court to change the order, or the parties can enter into an agreement to the modification of decrees. In Missouri, child custody orders (unless designated "nonmodifiable") can always be modified if certain requirements are met.
A Judgment of Dissolution of Marriage cannot be set aside. After 90 days have passed from the date the Judgment of Legal Separation was signed by the judge, either party may file a motion with the court to convert the Judgment of Legal Separation into a Judgment of Dissolution of Marriage.
