Divorce is, by any measure, a life-changing event. Not only does divorce bring about significant and immediate change, but also long-term change as well. Often, divorced spouses will get new jobs, move away, or otherwise experience changes that make their current situation no longer reflect the terms established in their divorce agreement. If you’ve experienced a significant change and are looking to modify your initial divorce agreement, contact the skilled St. Louis post-divorce modification lawyers here at the Stobie Family Law Group today.
Post-Divorce Modification Lawyers Serving St. Louis County
Your divorce agreement should reflect your current situation in life. If you or your child has undergone a change that warrants a modification to your divorce agreement, our St. Louis family lawyers stand ready to help.
Modifying Alimony
In Missouri, either party may request a modification to alimony (also known as maintenance) if there has been a significant change in circumstances. Common reasons that may warrant a modification include:
- Substantial change in financial circumstances: If the recipient spouse has experienced a significant increase in income or the paying spouse has suffered a financial setback, alimony may need to be adjusted.
- Loss of employment: If the paying spouse loses their job or experiences a substantial reduction in income, they may be eligible for a reduction in alimony payments.
- Health issues: If either spouse experiences a significant health issue that affects their ability to earn an income, this can be grounds for modification.
- Remarriage or cohabitation of the recipient: If the spouse receiving alimony remarries or cohabitates with a new partner, this may lead to a reduction or termination of alimony.
- Retirement: When the paying spouse retires, especially if they are of retirement age and their income decreases as a result, they may seek to modify alimony.
Modifying Child Custody
Child custody arrangements are designed to serve the best interests of the child, but those interests may change over time. In Missouri, modifications to child custody may be appropriate in circumstances such as:
- Relocation of a parent: If one parent plans to move a significant distance away, a custody modification may be necessary to accommodate the new living arrangements.
- Changes in the child’s needs: As children grow older, their educational, emotional, or medical needs may change, necessitating a custody adjustment.
- Parental misconduct: If one parent engages in behavior detrimental to the child’s wellbeing, such as substance abuse, criminal activity, or neglect, the other parent may seek a modification.
- Agreement between the parents: If both parents mutually agree that a change in custody would benefit the child, the court may approve a modification.
- Change in the child’s preference: If a child reaches an age where the court considers their preference in custody decisions, this can also warrant a modification, provided it aligns with their best interests.
Modifying Child Support
Child support is calculated based on the financial situation of both parents and the needs of the child. Missouri law allows for modifications in the following situations:
- Significant change in income: If either parent experiences a major increase or decrease in their income, this may justify a modification to the child support arrangement.
- Change in the child’s needs: As children grow, their financial needs may change due to factors like education, medical care, or extracurricular activities.
- Change in custody arrangement: If the custody arrangement changes, this could directly impact the child support obligations, as the amount of time spent with each parent may shift.
- Emancipation of the child: When a child turns 18 and becomes self-sufficient, child support obligations may end or be reduced.
- Health or disability issues: If the child or a parent develops a significant health condition or disability that impacts financial responsibilities, a modification may be necessary.
The Process of Obtaining a Post-Divorce Modification in Missouri
The process for obtaining a post-divorce modification in Missouri typically involves several steps:
- Identify the change in circumstances: Before seeking a modification, there must be a substantial and continuing change in circumstances that was not anticipated at the time of the original order.
- Consult with an attorney: It is essential to speak with a qualified family law attorney who can assess your case and advise whether a modification is likely to be approved by the court.
- File a motion for modification: The attorney will help you file a formal motion with the court, detailing the changes that justify the modification and providing evidence to support your claim.
- Serve the other party: The other party in the divorce (ex-spouse or co-parent) must be formally notified of your request for modification and given an opportunity to respond.
- Attend a court hearing: In most cases, a hearing will be scheduled where both parties present their arguments, and the judge reviews the evidence to determine whether a modification is appropriate.
- Judge’s decision: After the hearing, the judge will either approve or deny the modification based on the evidence presented and whether the change in circumstances warrants an adjustment to the original agreement.
- Implement the modification: If the judge approves the modification, the new terms will be legally binding, and both parties must comply with the updated court order.
Contact Our Post-Divorce Modification Lawyers
Obtaining a post-divorce modification isn’t always straightforward, but with the right team of family lawyers in your corner, it can be done. Contact the Stobie Family Law Group today so we can help you through each step of the legal process ahead.
