Quality Family Legal Services
Modifications of child support and maintenance are governed by §452.370 of the Missouri Statutes. Any original court judgments ordering a party to pay maintenance or child support may only be modified upon a showing of changed circumstances so substantial and continuing as to make the terms of the original court judgment unreasonable. If either the person paying support or the person receiving support files a motion to modify the original judgment, the court must consider all financial resources of both parties and whether some of the parties’ expenses should be shared by a new spouse or a person with whom they cohabitate.
While child support is always subject to modification by a new court order if the proper circumstances are proven, maintenance (formerly referred to as “alimony”) may or may not be modifiable, depending upon how the original judgment was written. Sometimes maintenance is set for a fixed period of time with a specific termination date. Generally, this kind of maintenance is “non-modifiable,” which means that a court cannot change the amount or duration, even if circumstances change. Maintenance without a fixed termination date is commonly referred to as open-ended maintenance and is almost always “modifiable,” i.e., it can be changed by a court. Unless the parties’ agreement states otherwise, maintenance, whether modifiable or non-modifiable, will end on the death of either party or the remarriage of the party receiving the maintenance.
Child support and maintenance modifications require experienced and knowledgeable attorneys who can wade through complicated financial documents. The St. Louis family law attorneys at Paule, Camazine & Blumenthal, P.C. can quickly evaluate a case and target the important issues. For more information about modifications of spousal and child support awards, please contact us today.
This content was written by: Alisse C. Camazine