On behalf of Stange Law Firm, PC posted in Family Law on Friday, June 23, 2017.
For Missouri parents who are required to pay child support, the laws can be complex and difficult to understand. If a non-custodial parent has a change in their financial situation, such as a new job, they may have to pay more or be allowed to pay less child support.
If a non-custodial parent changes jobs and is paid less, they will have to petition the court to get the child support order changed. Before the modification request is approved, however, the court will consider a variety of factors to determine if the change in the amount of child support is warranted. For example, the non-custodial parent must have a substantial change in circumstances before the modification is approved. Two parents can also make an agreement out of court as long as the new amount of support is within the state’s child support guidelines.
It is important that non-custodial parents who can suddenly no longer afford their child support payments act as quickly as possible. This is because child support modifications are not retroactive and the parent will still be held responsible for any back child support. Non-custodial parents must file a motion with the court that issued the original order. If parents reach an agreement outside of court, the agreement must be put in writing and be signed by a judge.
When parents cannot come to an agreement regarding child support outside of court, a family law attorney may assist with filing a modification request in court. The lawyer may also help gather financial evidence to back the request.