A recent visitor to DadsDivorce.com asked me a child support question about what he referred to as "double dipping" in the state of Missouri.
His ex-wife's modification request for an increase in child support was denied by the Family Support Division because the administrative agency ruled there was not a significant change of circumstances to warrant granting the request.
But since she was denied through FSD, she is now filing a motion to modify the amount with the court.
He wanted to know if she could do this? And if the motion is allowed to be filed, will the judge take into consideration she was already denied by FSD?
In Missouri, a motion to modify the court’s child support order can be filed with the court at any time by either party. The fact that the Family Support Division (FSD) has already considered a request for modification and denied that request does not prevent his ex-wife from filing a motion to modify.
The court will determine a presumed child support amount in a very formulaic manner, and will make a determination whether the amount is just and appropriate based upon all of the relevant factors including:
(1) The financial needs and resources of the child;
(2) The financial resources and needs of the parents;
(3) The standard of living the child would have enjoyed had the marriage not been dissolved;
(4) The physical and emotional condition of the child, and the child's educational needs;
(5) The child's physical and legal custody arrangements, including the amount of time the child spends with each parent and the reasonable expenses associated with the custody or visitation arrangements; and
(6) The reasonable work-related child care expenses of each parent.
The court will make its own independent determination of whether to grant or deny the motion based upon the relevant facts. If the court finds that there has been a substantial and continuing change in the circumstances since the date of the existing child support order, the court may modify the order.
If the court determines that there has not been such a change in circumstances, the court will deny the motion, just as the FSD has already done.
In order to be fully prepared for a child support modification hearing, you should consult with an attorney that has experience in handling child support modifications and domestic litigation to discuss the specific facts in your case.
Cordell & Cordell has men's divorce lawyers located throughout Missouri and Illinois.
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