Modification

Steve Scott

Attorney at Law

Serving Landlords, Individuals
and Small Businesses

Vanessa Reynolds

Legal Assistant

Modification

Recognizing that situations can change after a dissolution of marriage is decreed, Missouri’s dissolution statutes provide a mechanism for going back to court at a later time to obtain a "modification" of the prior decree in certain circumstances. In fact, multiple modifications at different times are possible.

To ensure that children are properly provided for, Missouri statutes specify that provisions of a prior decree relating to custody, visitation and support of unemancipated children are always subject to modification.

Other aspects of a prior decree may not be modifiable, however. This can happen in two ways:

	The parties may agree in their original separation agreement that particular provisions cannot be modified later.
	The court can decree in its original order that certain provisions are non-modifiable.

It should also be noted that except in very rare circumstances, the property division provisions of a prior decree cannot be modified. Changing property division at a later time usually requires proof of fraud and is subject to a different legal process than the modification procedure discussed on this page.

If a provision of a prior decree is modifiable, the primary requirement for any modification is that there must have been a "substantial and continuing change of circumstances" since the entry of the last prior decree. Some examples of common situations in which modifications are sought include:

	Child support: The parent paying child support moves to decrease child support based on decreased income or decreased needs of the children, or the parent receiving child support moves to increase child support based on increased needs of the children or increased income of the paying parent. (Note: The statutes provide that if a newly computed Form 14 would change child support by 20% or more, this is strong evidence that an increase or decrease in child support is warranted.)
	Child custody: A non-custodial parent sometimes moves to change custody. Grounds for this can include unfitness of the custodial parent, denial of visitation by the custodial parent, a planned move out of state by the custodial parent, or changing needs and wishes of the children.
	Child visitation: If the visitation provisions of a prior decree have proven unworkable, either parent can seek modification of those provisions.
	Maintenance: A former spouse paying maintenance moves to decrease the amount paid on the basis of decreased income or reduced needs of the receiving spouse, or the spouse receiving maintenance seeks an increase based on greater needs.

The process of seeking a modification requires filing a "Motion to Modify" in the original dissolution case. A new filing fee must be paid, and the motion must be served on the other party. If the parties agree on the modification, it can be ordered by the court after a brief hearing. If the parties disagree, the court will decide the issues after a trial.

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