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Child Support Modification

Child Support Modification

Today's economic climate has most of us pondering our future. This is particularly so for those who pay child support, college tuition, and other expenses for children in non-intact families. Divorced parents and parents who have never married are faced with financial obligations imposed by courts as opposed to family choices. This is now the time for those parents obligated for child support and college tuition to take stock of their circumstances and prepare for the future. Parents who have already lost their jobs or are in fear of losing their jobs as a result of our current economic crisis should consult an attorney regarding child support and college obligations, as well as a general overall family law check up.

Child support, including college educational costs, may be changed by a court upon showing of "substantial and continuing" changes in the paying parent's financial condition. What constitutes "substantial and continuing" in the family law world is a question of fact for the court to determine. However, this standard is not met by a temporary layoff or a minimal reduction of income. In considering whether a particular case meets the "substantial and continuing" change, the court will be guided by the Presumed Correct Child Support amount calculated pursuant to Form 14. If the Form 14 calculation based upon the new circumstances results in a child support reduction of 20% or more, the party seeking the reduction has met the initial burden for modification.

To determine whether you are entitled to a change in your financial obligations, contact our office to schedule a consultation. The Missouri child support law was changed to decrease the age at which child support is no longer payable. The law has also changed regarding the calculation of support pursuant to Form 14 in several ways, including the basic child support amount from the chart and other more recent changes.

Consulting an experienced family law attorney will help answer the many questions associated with ongoing child support obligations. College tuition, room and board and other college costs are items of "additional" child support and, therefore, the same principles apply to change a paying parent's college tuition obligation.



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