Motions to Modify

Many of our clients find that at some point after initial child custody or support orders are put into place, their lives change and the orders are no longer workable. Motions to modify family law court orders require proving two things:

• First, you must prove that there has been a change in circumstances from when the order was initially put into place and that the change in circumstances will continue.
• Second, you must prove what the new award should be.

It’s important to note that the law regarding family matters changes from time to time, and the way a prior order was calculated is not necessarily the way a new order will be calculated. A skilled family law attorney will be aware of the changes and able to explain them to you in an understandable manner.

In order to change your child custody agreement, there must be new facts that have arisen since the initial custody agreement was made that warrant a modification. Just as the court used the “best interest of the child” inquiry in determining child custody the first time, the court will once again use the same factors to determine custody based on the new facts.

Examples of facts that could change the child custody agreement include:

• A parent moves out of the city or out of the state.
• A parent remarries.
• Children grow older and have different needs. For example, a child in high school may travel with a sports team on the weekends impacting one parent’s visitation or custody time.
• Neglect or abuse by one parent.

In order to determine if your child support award can be modified, parties in Missouri must complete a new Form 14. If there is a 20% change of gross income and other costs, a court is likely to modify the child support order. If results are less than 20%, it still may be possible to get a modification. However, a court will also want to see evidence of a substantial change in circumstances and that this change will continue and is not temporary.

Some orders for maintenance are non-modifiable but others may be changed. However, even a non-modifiable maintenance award will terminate at the death of either party or when the spouse receiving maintenance is remarried.

Modifiable maintenance may be increased, decreased, extended or terminated. In cases of alimony, a substantial change of circumstances must occur to modify, such as a spouse receiving payments getting a job and supporting themselves.

Motions for modification can be complex because not only must you prove what you are now entitled to pay, or are able to pay, but you also must show that there has been a change in circumstances that will continue into the future. Kilo Flynn attorneys are available to assist clients with motions to modify throughout Missouri and Illinois, including the City of St. Louis, and in the Missouri counties of St. Louis, St. Charles, Lincoln, Jefferson, Franklin and Crawford, and the Illinois counties of Madison, St. Clair and Monroe.

For a free initial meeting to discuss what you want to change about your family law order, call 314-647-8910.