At the Altieri Gilmore LLP, our family law attorneys have handled cases where one of the parents have lost their employment, recently had a pay cut or an increase in income, have remarried, or have recently moved to a new City or State. In any of these circumstances, there is a life change involved, and in most cases it is necessary to seek the help of an attorney to adjust the child custody or child facilitate these life changes.
Any changes made to the original custody judgment in child custody cases are typically more focused around the children and their living conditions. The original child custody order made at the time of the divorce proceeding or when paternity was determined is based solely on what is in the best interest of the child at the time that the custody order is placed. After that original child custody order is placed, the Missouri family court can only modify this order based upon substantial evidence that demonstrates a significant change in circumstances since the original child custody order was placed, or it can change upon new evidence that the Missouri court was not aware of at the time of the original child custody order. This change in circumstances can only be in relation to the parent that has custody or the children and not the non-custodial parent of the children. A significant change of circumstances generally is not enough to modify a custody order; a Missouri court judge must be convinced that a child custody modification is in the child’s best interest.
In many divorce cases or a in a child custody dispute the separating spouses who would rather avoid the time, emotional drain and financial expenses of a lengthy trial, may decide to negotiate the terms of the divorce or custody disputes in a mediation process. The mediation process is confidential and a third party individual with no ties to either spouse will communicate between the two parties involved to attempt to work out an agreement that both sides can live with. The mediation agreements after the disputes are resolved must be submitted before a Missouri judge, so the judge can review the agreement and enforce the it with a court order.
If one or more parents become unemployed, or is suddenly suffering a reduction of income that is out of their control, the parent will then needs to present proof of this financial change to the Missouri court in order to get the child support payments adjusted accordingly. Quite often this proves to be very difficult to get accomplished without representation by an experienced modification attorney as it deals with very specific forms to be submitted and proper documentation in order to get this successfully accomplished. With representation by Altieri Gilmore LLP, we will help to ensure that you are not obligated to pay more in child support than what is required by law.
Before the final order is placed for child support you can ask the court to decrease or increase the payments from the guideline recommendations if you have a substantial reason to change it before the final order is processed. A Missouri family law judge will only make changes to the order from the guidelines after he reviews all factors that are related to the children's care, best interest and well-being such as;
When a child support plan is set in place, you are still able to ask the misouri court to adjust the support payment amount.
A Missouri judge can change a child support judgment that is in place if either of the childrens parents have a significant change in circumstances that would make the current payments unreasonable. These circumstances tend to happen when one of the childrens parents loses their place of employment. Losing your job by itself does not constitute a significant reason to modify support payments , especially if one of the childrens parents has became remarried. The Missouri judge will review both of the childrens parents’ work circumstances and financial resources, which include the financial contributions of a new spouse, when the court considers the sensibility and fairness of the child support payments that are set in place. The Missouri family court will also carefully consider the financial capacity of the parent that is unemployed (this means how much financially the unemployed parent could make based on their current education, job history and opportunities for employment) and not just the consideration of the lost earnings.
If you live in the Kansas City metro area, Lee's Summit, Blue Springs, Independence or any outlying areas and need assistance with a child support or child custody matter, contact us by phone to schedule a free and confidential consultation at 816-524-0404.
Altieri Gilmore LLP | 816-524-0404 - Modification Attorneys
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