Missouri law provides pathways to adjust your support obligation if your financial circumstances have changed substantially.
Child support is designed to ensure both parents contribute financially to raising their children after a divorce or separation. However, circumstances change, and the amount initially ordered may no longer reflect your current financial reality. There are legitimate legal avenues to address this situation if you believe you’re paying too much child support in Missouri.
At The Betz Law Firm, we will help you understand Missouri’s child support laws and the legal avenues available to help you navigate this situation effectively.
Understanding Missouri Child Support Calculations
Missouri uses the “Income Shares” model to calculate child support, which considers both parents’ incomes, the number of children, healthcare costs, childcare expenses, and custodial arrangements. The state provides Form 14 to calculate the presumed child support amount, but this calculation isn’t always perfect for every situation.
Common Reasons You Might Be Paying Too Much
- Significant income reduction: Job loss, reduction in hours, or career changes
- Increased expenses: New medical costs or other necessary expenses
- Changes in parenting time: If you’re now caring for your children more days than when the order was established
- Support for other children: If you’ve had additional children, you’re legally obligated to support
- Incorrect income calculations: Your original order may have been based on inaccurate information
Steps to Address Excessive Child Support Payments
1. Review Your Current Support Order
Before taking any action, thoroughly review your current child support order to understand exactly what was considered when determining the amount. Compare the financial circumstances reflected in the order with your current situation.
2. Document Changes in Circumstances
Missouri courts require a “substantial and continuing change in circumstances” to modify child support orders. This typically means a change that would result in a 20% difference in the support amount. Gather documentation of:
- Pay stubs showing income changes
- Employment termination letters
- Medical bills or proof of increased expenses
- Records showing changes in parenting time arrangements
- Documentation of other support obligations
3. Attempt Direct Communication
Sometimes, discussing the situation directly with your co-parent can lead to an agreed modification without court intervention. If relations are amicable, consider:
- Proposing a temporary adjustment during financial hardship
- Exploring alternative arrangements like covering specific expenses directly
- Suggesting mediation to reach a mutually acceptable solution
4. File a Motion to Modify
If direct communication isn’t successful, you’ll need to file a Motion to Modify Child Support with the court that issued your original order. This legal document:
- States the specific changes in circumstances
- Provides calculations showing how these changes affect the support amount
- Requests a particular modification to the existing order
5. Prepare for Court
When preparing for your modification hearing:
- Complete a new Form 14 calculation with your current financial information
- Organize all financial documentation chronologically
- Be prepared to testify about your changed circumstances
- Consider having witnesses who can verify your financial situation
6. Follow All Current Orders Until Modified
It’s crucial to continue making your current child support payments until the court officially modifies your order. Failing to pay court-ordered support can result in:
- Contempt of court charges
- Wage garnishment
- License suspension
- Negative impact on your modification case
How The Betz Law Firm Can Help
Navigating child support modifications requires understanding Missouri family law nuances. At The Betz Law Firm, our St. Louis family law attorneys can:
- Evaluate whether your case meets the threshold for modification
- Help gather and organize the necessary documentation
- Calculate accurate child support amounts using Form 14
- Draft and file your Motion to Modify
- Represent you at modification hearings
- Negotiate with opposing counsel to reach agreeable terms
Don’t Struggle Alone With Unfair Support Payments
Child support should be fair to all parties involved, including the paying parent. Missouri law provides pathways to adjust your support obligation if your financial circumstances have changed substantially.
At The Betz Law Firm, we understand the challenges of managing financial obligations after separation or divorce. We’re committed to helping St. Louis parents establish fair support arrangements that protect both children’s needs and parents’ financial stability.
Contact our office today for a consultation to discuss your situation and explore options for modifying your child support order.