Modification
Filing a Modification in Missouri
If you’re considering filing for a modification in the state of Missouri, or if you have been served with modification paperwork, it’s critical to seek legal advice as soon as possible to protect your rights and your children’s best interests. In Missouri, a divorce or paternity judgment regarding child custody, child support, and spousal maintenance is based on the circumstances at the time of the court’s decision. The process of modifying court orders involves presenting evidence of a substantial and continuing change in circumstances since the original judgment. Courts require a clear demonstration that the requested changes are in the child’s or party’s best interests. Without experienced legal representation, you may face challenges navigating this process or protecting your interests.
However, life circumstances often change and evolve, making it necessary to revisit and potentially modify prior court orders. Whether you need to adjust existing arrangements due to a new job, relocation, a change in financial status, or concerns about the other parent’s behavior (such as abuse or neglect), we are here to help. Our team provides aggressive and knowledgeable representation to guide you through the process and fight for a fair resolution.Â
MODIFICATION LAW
FAQ
What is the modification process?
1. Filing a Motion to Modify: One parent (the Petitioner) files a Motion to Modify with the Circuit Court in the county where your original Divorce or Paternity judgment was entered. The Motion outlines all of the substantial and continuing changes in circumstances that have occurred since the date of the last judgment regarding child custody, child support or maintenance (if modifiable).Â
2. Service of Process: After filing the Motion to Modify, the Petitioner must serve the other party (the Respondent) with the Motion through via personal service through the Sheriff’s Department (in the county the Respondent resides) or by a Private Process Server.
3. Response: The Respondent, after being served, must decide if they want to file their responsive pleading; which includes an answer to your Motion to Modify and their Counter Motion to Modify. In the their answer, they admit and deny the allegations in your Motion to Modify and in and their Counter Motion to Modify they can choose to make their own allegation of a substantial and continuing changes in circumstances regarding child custody, child support or maintenance (if modifiable) against you.Â
4. Discovery: Both spouses may engage in discovery, which includes “interrogatories” and “request for production of documents.” This is where you both will exchange answers to questions (interrogatories), information and documents (request for production of documents) relevant to the allegations in the Modifications so party can evaluate the other side’s claims of a substantial and continuing changes in circumstances.
5. Negotiation/Settlement: Many Modifications are resolved through negotiation either through yourself individually, through your attorneys or by mediation. If an agreement is reached, it can be submitted to the Court for approval and a trial would not be necessary.
6. Trial: If the spouses are unable to reach an agreement, the case may go to trial, wherein a judge will hear the evidence and make a decisions on all unresolved/contested issues based on Missouri law.
7. Final Judgment: Once all issues are resolved (either through agreement or by trial), the court will issue a final Judgment of Modification addressing/resolving all relevant issues such as child custody, child support and spousal maintenance.
It’s important to note that specific procedures and requirements may vary depending on the circumstances of the case and the practices of the local court.
What are some examples of why parents choose to file a Modification?
Some common examples of why parent’s choose to file a Modification:
- Job Loss or Income Change – Significant change in either parent’s financial or working situation/status.
- Relocation – One parent needs to move for work, family, or other reasons or has already relocated.
- Child’s Needs Change – Medical, educational, or psychological needs evolve.
- Changes in Health – Physical or mental health changes of a parent or child.
- New Child Support Needs – Increased/decreased expenses for the child.
- Non-Compliance – One parent consistently violates the Court’s judgment or order.
- Remarriage – Impacts on support or living arrangements.
- Child’s Preference – Older child may express preference for custody arrangements.
- Substance Abuse – Parent’s substance abuse or issues impacting child welfare.
- Changes in Work Hours – Job shift changes requiring adjustment to parenting schedules.
- Parent’s Lifestyle Changes – Such as criminal activity or unsafe behavior that impacts the child(ren).
- Retirement – Impact on spousal support payments.
- Involvement of New Partner – Significant influence on the child’s living situation.
Do I need to go to court to modify an judgment/order?
Yes, in most cases, modifications to existing orders must be approved by the court. Even if both parties agree on the modification, it is essential to have the change legally recognized to ensure enforceability.
When can a court judgment/order be modified?
A court judgment/order can only be modified if there has been a change in circumstance or a substantial and continuing change in circumstances since the date of original judgment/order was issued.Â
What if the other parent opposes the modification?
If one party opposes the Modification, the Court will hold a hearing (trial) to review evidence and arguments from both sides. The court will make a decision based on the evidence, the 8-factors of child custody, the alleged change in circumstance or a substantial or continuing change in circumstances as well as the best interests of the child(ren).
Can I ask the opposing party to pay my attorney fees?
Yes, in Missouri, it is possible to request that the opposing party pay your attorney fees. This request is typically made through a Motion filed with the court or a request at the conclusion of the trial. It is up to the judge to decide whether to grant the request based on the circumstances of the case. However, in Missouri, we operate under what is typically called the “American Rule”, which states that both parties are presumed to pay their own attorney fees.
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