If you are paying or receiving child support, there may come a time when child support needs to be reevaluated and either increased or decreased. There are a few reasons a court may decide that a modification is appropriate.
In Missouri, the standard for modifying child support is whether there has been a substantial and continuing change in circumstances that renders the terms of the current order unreasonable. In Kansas, the standard is whether there has been a material change in circumstances. Kansas will also allow child support to be reevaluated every three years without the need to show a change in circumstances.
Changes in circumstances may include a change in jobs, a change in salary, a change in daycare or health insurance expenses for the children, or a change in the children’s needs and expenses, among other things.
If there has been a change in the custody arrangements, it is also likely that a change in child support will come along with it.
If the Court determines that a modification of child support is warranted, a new child support worksheet will need to be prepared to determine the correct amount of child support. This may also involve discovery being exchanged to allow for both parties to have full disclosure of any changes in regard to the other party’s financial circumstances.
Regardless of a parent’s reason to want to modify a child support amount, that parent will need to file a Motion to Modify Child Support with the court to start the process. An experienced family law attorney can help a parent formulate the correct legal standard and lay out the reasons behind the desired modification and can advocate for that parent throughout the process.
The choice of a lawyer is an important decision and should not be based solely upon advertisements.