Domestic and Family Law (continued)

Q: Should I Get A Divorce Modification In Missouri?

 

A: 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. Or, if you're receiving payments, maybe your child now requires greater expenses, whether due to a disability or just getting older.

 

You may have even agreed to an arrangement you didn't understand or that you felt forced into accepting and now realize you made a mistake.

Whatever your reason, Missouri law allows you to petition a court to modify your arrangement concerning maintenance (alimony), child support, and/or child custody. As a result, you can possibly lower what you pay, increase what you receive or get your payments terminated.

To change support payments, you must prove to the court there are "changed circumstances so substantial and continuing as to make the terms unreasonable." Timing is also a critical factor.

 

It is typical for a post-judgment payment change to occur due to the following:

• A significant change in either person's income (e.g., lost or changed job);

• Changes in who has primary child custody, or major changes in the amount of time your children spend with each parent;

• Changes in your child's financial needs, due to such circumstances as an illness or private school;

• A new danger in one parent's home, one parent's substantial interference with the other's visitation rights, or changes that makes it impossible for one to provide child care (such as a prison sentence); or

• Remarriage of a custodial parent.

 

Also, keep in mind, petitioning the court to change maintenance payments if your supported spouse remarries or dies is not necessary - your payments end on their own under these circumstances. Child support payments and custody arrangements end automatically on a child's emancipation (usually the 18th birthday, unless the child goes to college and meets certain criteria) or death.