Clayton and St. Charles Family Law Attorneys Handling Motions to Modify
Life is all about change, and perhaps nowhere is this more evident than the field of family law. A parent may need to relocate; the economic circumstances of a party in a divorce or child support case may change; or one party in a divorce or child custody or support case may fail to follow the original judgment, necessitating a motion to modify the original judgment.
The attorneys at The Center for Family Law represent clients who wish to file a motion to modify. For more information, submit our online contact form or call us at our Clayton location, 314-721-8844, or in St. Charles, 636-443-2313.
Modification of Judgments
For a final decree to be modified, Missouri law requires proof of a change in circumstances sufficient to render the original decree no longer reasonable.
There are several types of motions to modify:
Motion to modify child support: Common reasons for seeking a modification of child support include a change in the economic circumstances of the parent who is paying child support or the parent who is receiving child support a change in the custody arrangement between the parents and increased school or extracurricular expenses for the child.
Motion to modify child custody or visitation: Modification of a child custody or visitation arrangement may be sought for many different reasons. The following are some of the most common reasons:
- As children grow, scheduling needs may change.
- There are concerns about the child’s welfare.
- A parent wishes to relocate outside the state.
Motion to modify spousal support: Modifications to spousal support, also known as maintenance or alimony, are often sought when there is a substantial change in the financial resources of either party, the earning capacities of the parties or remarriage or cohabitation.
If the parties agree to the modification, the action is referred to as an uncontested motion to modify. A stipulation is filed with the court authorizing the change. Depending on the nature of the modification, a hearing may not be needed.
When a motion to modify is contested, the party seeking the modification has the burden of proving that a continuing substantial change in circumstances has occurred. A contested motion to modify may be resolved through mediation, litigation or the collaborative process.
Contact The Center for Family Law
For more information on motions to modify child support, child custody, spousal support or visitation, contact the experienced St. Louis attorneys of The Center for Family Law by submitting our online contact form or calling us at our Clayton location, 314-721-8844, or in St. Charles, 636-443-2313.