Modification of an administrative order, procedure, effect
After a child support order is made by the state division, the parent who owes support, the division, or the person caring for the child can ask to have the order changed. They file a written request explaining why it should change. The other side gets notified and has 30 days to respond. To get the amount changed, someone has to show that things have changed a lot and in a lasting way — not just a little. If the math using the court's standard rules would change the support amount by 20% or more, that counts as enough of a change to qualify. Only future payments can be changed, not ones already owed. A court can also let a parent off the hook from an order if it was entered by mistake or due to excusable neglect.
454.500. of an , procedure, effect — from s, when. — 1. At any time after the entry of an order sections 454.470 and 454.475, the , the , or the person or agency having of the child may file a with the . Such shall be in writing, shall set forth the reasons for modification, and shall state the address of the . The motion shall be by the moving party in the manner provided for in 5 of section 454.465 upon the obligated parent or the holding the support rights, as . In addition, if the support rights are held by the on behalf of the state, a true copy of the motion shall be mailed by the moving party by to the person having custody of the dependent child at the last known address of that person. A on the motion shall then be provided in the same manner, and determinations shall be based on considerations set out in section 454.475, unless the party served fails to respond within thirty days, in which case the director may enter an order by . If the child for whom the order applies is no longer in the custody of a person receiving or receiving support s from the , or a division thereof, pursuant to section 454.425, the director may the matter for hearing to the in which the order was filed pursuant to section 454.490 holding a hearing pursuant to section 454.475. If the director certifies the matter for hearing to the circuit court, service of the motion to shall be had in accordance with the of subsection 5 of section 452.370. If the director does not certify the matter for hearing to the circuit court, service of the motion to modify shall be considered complete upon , or on the date of mailing, if sent by certified mail. For the purpose of 42 U.S.C. Section 666(a)(9)(C), the director shall be considered the appropriate to receive the notice of the motion to modify for the or the , but only in those instances in which the matter is not to circuit court for hearing, and only when service of the motion is attempted on the obligee or obligor by certified mail.
2. A motion for modification made pursuant to this section shall not the director from enforcing and collecting upon the existing order pending the unless so ordered by the court.
3. Only payments subsequent to the service of the motion for modification upon all named parties to the motion may be . Modification may be granted only upon a showing of a so substantial and continuing as to make the terms unreasonable. In a for modification of any child support , the director, 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 party 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 and criteria set forth in to the financial circumstances of the parties would result in a change of child support from the existing amount by twenty percent or more, then a showing has been made of a change of circumstances so substantial and continuing as to make the present terms unreasonable.
4. If the division has entered an order under section 454.470 or 454.500, and an additional child or children not the subject of the order are born to the parties, the division may, following the of a motion to modify, , and opportunity for a hearing pursuant to this section, modify the underlying to include a single for all children of the parties in ity with the criteria set forth in supreme court rule 88.01.
5. The circuit court may, upon such terms as may be just, relieve a parent from an administrative order entered against that parent because of mistake, , surprise, or .
6. No order entered pursuant to section 454.476 shall be pursuant to this section, except that an order entered pursuant to section 454.476 shall be amended by the director to conform with any modification made by the court that entered the upon which the director based his or her order.
7. When the party seeking modifications has met the set forth in subsection 3 of this section, then the child support shall be determined in conformity with the criteria set forth in supreme court rule 88.01.
8. The last four digits of the Social number of the parents shall be on any order entered pursuant to this section. The full Social Security number of each party and each child shall be retained in the manner required by section 509.520.
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Source & history notes
(L. 1982 S.B. 468 § 21, A.L. 1984 H.B. 1275, A.L. 1986 H.B. 1479, A.L. 1987 H.B. 484, A.L. 1990 S.B. 834, A.L. 1994 H.B. 1491 & 1134 merged with S.B. 508, A.L. 1997 S.B. 361, A.L. 2009 H.B. 481, A.L. 2014 H.B. 1231 merged with H.B. 1299 Revision)
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