How to prepare when your ex-wife files a motion to increase your child support

mens divorce lawyer William BackerQuestion:

My ex-wife’s request for additional child support was denied by the Family Support Division because there was not a significant change of circumstances.

She now is filing a motion to modify the amount with the court since she was denied through FSD.

Will the judge take into consideration she was already denied by FSD? What do I need to do to prepare for the modification request?

Answer:

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 your 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 this 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 in 18 states.

 

William F. Backer is an Associate Attorney in the Arnold, Missouri office of Cordell & Cordell where he practices domestic relations exclusively. Mr. Backer is licensed in the State of Missouri. Mr. Backer received his Bachelor of Science degree in Business Administration, with emphasis in Accounting, from the University of Missouri – St. Louis. He then went on to receive his Juris Doctor from Saint Louis University School of Law in 1999.

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