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Missouri Joint Petition to Modify or Amend Divorce Decree by Terminating Child Support - Minor Left Home, Living Independently, Refuses to Work or Go to School

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US-02039BG
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The following form is a Petition that adopts the notice pleadings format of the Federal Rules of Civil Procedure, which have been adopted by most states in one form or another.


This form is a generic example that may be referred to when preparing such a form for your particular state. It is for illustrative purposes only. Local laws should be consulted to determine any specific requirements for such a form in a particular jurisdiction.


The Missouri Joint Petition to Modify or Amend Divorce Decree by Terminating Child Support is designed for situations where a minor child has left home, is living independently, and refuses to work or go to school. This legal process allows divorced parents to request a modification or termination of child support obligations as the child is no longer meeting the criteria for ongoing financial support. In Missouri, there are various scenarios under which a Joint Petition to Modify or Amend Divorce Decree by Terminating Child Support can be filed: 1. Minor Left Home: If the minor child has voluntarily left the custodial parent's home and is no longer under their care, the non-custodial parent can initiate a petition to modify or terminate child support. 2. Living Independently: If the minor child has established an independent living arrangement, such as living with a friend, sibling, or on their own, and self-supporting, the non-custodial parent can seek a modification to terminate child support obligations. 3. Refusal to Work or Go to School: If the minor child demonstrates a pattern of refusing to attend school or maintain any form of employment, despite having the capability to do so, the non-custodial parent can file a petition to modify or terminate child support accordingly. It is important to note that each case is unique, and the court will consider specific factors such as the child's age and maturity, the reasons for leaving home, and the child's attempts at financially supporting themselves. The court's primary concern is the best interests of the child when determining whether to modify or terminate child support. To initiate this legal process, parents can file a Joint Petition to Modify or Amend Divorce Decree by Terminating Child Support with the Family Court in the jurisdiction where the original divorce decree was issued. Both parents should be actively involved in this process, working together to provide proof and evidence necessary to support their claims. Consulting with an experienced family law attorney is highly recommended navigating the legal requirements and ensure the best possible outcome. In summary, the Missouri Joint Petition to Modify or Amend Divorce Decree by Terminating Child Support is designed to address situations where a minor child has left home, is living independently, and refuses to work or go to school. By filing this petition, divorced parents can request a modification or termination of child support obligations, depending on the circumstances. It is essential to consult with a qualified attorney to properly navigate the legal procedures and achieve the desired outcome.

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FAQ

A Motion to Modify Child Support (CAFC102) form is the pleading filed with the court to make changes in the best interest of your child. Changes to the schedule of parenting time (visitation) may be anticipated as a child grows, goes to school, and engages in more extra-curricular activities.

Ask for a support modification You could ask the court to modify the support order if you have proof there have been significant changes that impact your ability to pay support. This includes changes in income, expenses and parenting time. Be sure to report any changes in your income immediately.

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.

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.

Appealing Your Divorce Judgment It is unusual, but not impossible, for an appeals court to overturn the lower court judge's decision. An appeal is limited to significant errors that occurred during the trial. This could be an error of fact or law or an abuse of discretion by the judge.

If you need to file an appeal or if the other spouse files an appeal you will need the assistance of a lawyer. An appeal involves filing a legal brief about legal errors in the case. The procedural rule and time deadlines are very strict.

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.

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.

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Missouri Joint Petition to Modify or Amend Divorce Decree by Terminating Child Support - Minor Left Home, Living Independently, Refuses to Work or Go to School