Modification of judgment as to maintenance or support, when
A court can change a child support or maintenance order, but only if things have changed a lot and for a long time. If the new amount would be 20% more or less than the old amount, that counts as a big enough change. Maintenance (money paid to an ex-spouse) stops when either person dies or the person getting it remarries. Child support stops when the child becomes independent (emancipated), and the parent getting support must tell the other parent when that happens or pay back the money.
452.370. of as to or support, when — , when — rights of state when an of support has been made — court to have continuing , duties of clerk, clerk to be " ", when — of . — 1. Except as otherwise provided in 6 of section 452.325, the of any judgment respecting maintenance or support may be only upon a showing of changed circumstances so substantial and continuing as to make the terms unreasonable. In a for modification of any child support or maintenance judgment, the court, in determining whether or not a has occurred, shall consider all financial resources of both parties, including the extent to which the reasonable expenses of either are, or should be, shared by a spouse or other person with whom he or she , and the earning capacity of a party who is not employed. If the of the child and criteria set forth in section 452.340 and to the financial circumstances of the parties would result in a change of child support from the existing amount by twenty percent or more, a showing has been made of a so substantial and continuing as to make the present terms unreasonable, if the existing amount was based upon the amount the child support guidelines.
2. When the party seeking modification has met the set forth in subsection 1 of this section, the child support shall be determined in conformity with criteria set forth in section 452.340 and applicable supreme court rules.
3. Unless otherwise agreed in writing or expressly provided in the judgment, the obligation to pay future statutory maintenance is terminated upon the death of either party or the remarriage of the party receiving maintenance.
4. Unless otherwise agreed in writing or expressly provided in the judgment, provisions for the support of a child are terminated by of the child. The parent entitled to receive child support shall have the duty to notify the parent to pay support of the child's emancipation and failing to do so, the parent entitled to receive child support shall be to the parent obligated to pay support for child support paid following emancipation of a child, plus interest.
5. If a parent has made an to the on behalf of the state as a condition of eligibility for benefits pursuant to the Temporary Assistance for Needy Families program and either party initiates a to the by reducing it, the state of Missouri shall be named as a party to the proceeding. The state shall be with a copy of the motion by sending it by to the of the family support division.
6. The court shall have over both the and the of a for child support or maintenance for the purpose of modifying such . Both obligee and obligor shall notify, in writing, the in which the support or maintenance order was entered of any change of mailing address. If of the motion cannot be had in this state, the motion to modify and notice of shall be served outside the state as provided by supreme court 54.14. The order may be modified only as to support or maintenance which subsequent to the date of personal service. For the purpose of 42 U.S.C. Section 666(a)(9)(C), the shall be considered the appropriate agent to receive notice of the motion to modify for the obligee or the obligor, but only in those instances in which personal service could not be had in this state.
7. If a responsive pleading raising the issues of or is filed in response to a motion to modify child support filed at the request of the family support division by a or or an attorney under contract with the , such responsive pleading shall be severed upon request.
8. any of this section which requires a showing of , in a filed pursuant to this section by the family support division as provided in section 454.400, the court shall modify a in accordance with the and criteria set forth in and any regulations thereunder if the amount in the current order differs from the amount which would be ordered in accordance with such guidelines or regulations.
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Source & history notes
(L. 1973 H.B. 315 § 15, A.L. 1982 S.B. 468, A.L. 1986 H.B. 1479, A.L. 1987 H.B. 484, A.L. 1988 H.B. 1272, et al., A.L. 1990 S.B. 834, A.L. 1993 S.B. 253, A.L. 1994 H.B. 1491 & 1134, A.L. 1997 S.B. 361, A.L. 1998 S.B. 910, A.L. 2014 H.B. 1299 Revision) Court may abate past or future support obligation if custodial parent, without good cause, fails to honor visitation order, 452.340 Emancipation of child, factors determining, 452.340 (1976) Evidence that former husband had suffered, at most, eight percent reduction in pay since time of divorce, that he had been on strike for six weeks, and that he had suffered loss of income as result of medical and dental care held insufficient to show changed circumstances so substantial and continuing as to make terms of alimony decree unreasonable. Ward v. Ward (A.), 534 S.W.2d 593. (1976) Receipt of inheritance by wife held not to constitute such a change in circumstances as would justify modification of alimony decree ($65,900.00) increase in net worth. Seelig v. Seelig (A.), 540 S.W.2d 142. (1977) Held that increase of father's income from twenty thousand dollars a year to fifty-one thousand dollars a year justified increasing child support from one hundred dollars a month to four hundred fifty dollars a month. Barnhill v. Barnhill (A.), 547 S.W.2d 858. (1977) Court seems to say that income of "new" wife is to be considered as part of father and former husband's "means" in determining amount of award for attorney's fees and impliedly in computing ability to pay child support. In re Marriage of Engelhardt (A.), 552 S.W.2d 356. (1978) Reduction of monthly child support by $140, and not $200, was authorized, where only changed circumstances following marriage dissolution was ex-husband's $140 reduced monthly income. Nagel v. Nagel (A.), 561 S.W.2d 693. (1978) Held, finding that wife, unemployed at time of divorce, but who now earned salary of $654 a month, was substantial enough circumstances to make terms of original decree awarding alimony unreasonable. Stahlhut v. Stahlhut (A.), 562 S.W.2d 764. (1978) Held, that although facts that needs of growing children increase, and increase in income of supporting spouse would support a modification of decree, it must be shown that their effect make the decree unreasonable. Plattner v. Plattner (A.), 567 S.W.2d 139. (1981) Common law rule that parent's obligation for child support terminates on death of parent was not modified by enactment of statute governing termination of support by emancipation of child. Bushell v. Schepp (A.), 613 S.W.2d 689. (1981) Purpose of statute governing termination of child support is to make it absolute that, absent express provisions to contrary in divorce decree or separation agreement, obligation ends upon emancipation and does not automatically continue to age 21. Bushell v. Schepp (A.), 613 S.W.2d 689. (1985) The phrase "future statutory maintenance" is held to limit termination by reason of remarriage to periodic maintenance of indefinite duration subject to modification upon change of circumstances, as well as those cases in which the parties have otherwise agreed. An award of monthly payments to be used only to pay off a marital debt cannot be considered "statutory maintenance". Lietz v. Moore (A.), 703 S.W.2d 54. (1986) An award of maintenance in gross payable in installments rendered under this section is distinct from any award rendered under section 452.080, RSMo, and therefore may terminate with the death or remarriage of the spouse to whom the award is made. Nelson v. Nelson, 720 S.W.2d 947 (Mo.App.W.D.). (1987) Custodial parent who petitioned for modification of child support less than two years after original dissolution decree was not entitled increase in child support on the basis that, in general, children are more expensive when they are older but must present specific evidence of the increased needs of the children for which increased child support is sought. Farris v. Farris, 733 S.W.2d 819 (Mo.App.W.D.). (1987) Dissolution decree may expressly provide that ex-husband's obligation to provide maintenance in the form of life insurance is not terminated upon his death pursuant to subsection 2 of this section. McAvinew v. McAvinew, 733 S.W.2d 816 (Mo.App. W.D.). (2011) Statutory presumption that an obligation to pay maintenance is terminated by remarriage can be overcome by an agreement in writing between the parties that either expressly or by implication extends that obligation. Simpson v. Simpson, 352 S.W.3d 362 (Mo.banc).
Legal information, not legal advice. Always confirm with the official source at revisor.mo.gov.