Child Support Modification

                  In Missouri dissolution of marriage cases (divorces) and other legal proceedings involving child custody, such as actions for paternity or motions to modify current judgments, it is common for a court to order one parent to pay the other parent a monthly amount for child support. We all want to care for our own children, and this includes supporting them financially.  While child support is often viewed with a negative connotation, it is actually a good way to stay involved in a child’s life.  Child support is important for the wellbeing of children involved, especially when one parent has the majority of parenting time and/or there is a significant difference between the parties’ incomes. In order to alleviate the problems of judges having to arbitrarily figure out the amount to order for child support based on all of the factors involved, the Missouri legislature has developed a formula used to calculate the child support obligation.

Missouri Form 14 is the document used by Missouri courts to calculate child support. When calculating child support, the form takes into consideration, among other things, both parents income, expenses, and the number of overnights spent with each parent. In some judgments or settlements, the parent paying child support, the “obligor” may have their support obligation reduced if they exercise the number of overnight visits with the children as specified in the judgment. If the obligor fails to exercise those overnights as specified, then the credit should be eliminated and the parent must pay the full amount of child support to the other parent. This rule was recently explained in a decision by the Missouri Court of Appeals Western District.

                  In the case, the father filed a motion to modify his child support (reducing it from $650 to $423 per month) arguing that because certain childcare expenses were no longer being incurred by the mother, that his child support obligation deviated by more than 20% and therefore should be changed. The Mother argued against the change stating that the 34% decrease in the child support from Form 14 was unjust because the Father did not exercise the number of overnights with the children as specified in the judgment.  Father argued that because of his schedule as a firefighter, and the documents specification that Mother can exercise a right of first refusal, it was not possible for him to exercise the specified number of overnights. A right of first refusal in a custody agreement dictates that if one parent is unable to be present for their entitled parenting time, that parent must offer the time to the other parent, before arranging for alternative child care.

                  The trial court denied the father’s motion to modify the child support not only because he did not exercise the specified number of overnights with his children, but also because the Form 14 he submitted was incorrect in that the father failed to account for the extent to which his reasonable expenses were or should have been shared by his live-in girlfriend.  In Missouri, although a live-in partner or new spouse’s income is not directly imputed into Form 14 for the purposes of calculating child support, that person’s contribution to the parent’s living expenses should be considered and therefore that parent’s Form 14 expenses should be reduced. Judges in Missouri divorce and child custody cases are given broad discretion when determining whether or not a court will consider a new girlfriend or new boyfriend’s (or new spouse’s) contributions to the expenses should warrant a decrease in the applicable parent’s expenses when it comes to Form 14 calculations for determining child support.

                  Being laid off or a job change can warrant a modification of child support if your income decreases significantly and the change was not voluntary. Unfortunately, if you were let go due to poor performance, voluntarily chose to switch to a lower-paying job, or accepted a demotion when you were not forced to move out of your former position, a Judge may refuse to modify your child support obligation. Any change must permanent. If a highly skilled and educated person became unemployed through no fault of their own, a court may not decrease their child support payments because of the high likelihood of them obtaining a similar position quickly. Of course if the parent receiving the child support suffers an involuntary change in employment reducing their income, the other parent’s child support obligation could be increased because Form 14 considers both parent’s income.

                  If there has been a change in circumstances which you believe may increase or decrease the child support obligation involved in your case, you would need to ask the Court for a modification.  This request in Missouri is made by filing a Motion to Modify the judgment on the original case.  Once this is done, the Court will essentially begin a new case, by adding -01 to the end of the case number.  The modification then proceeds much like a new case entirely, with a trial possible if the parties are unable to settle their differences.

Attorney Robert Davis at the Men's Center for Domestic Resolution located in Pleasant Hill, MO represents men in divorce and other family law matters. Please contact us on our website at www.kcmensdivorce.com, or call us at 816-287-1530 to learn how we can help you.