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Lee's Summit Child Support Attorney
Form 14, Modifications and Enforcement in Jackson County

by Kirby L. Minor — 20 years in the Independence courthouse

Child support looks like arithmetic, which is why people assume there is nothing to argue about. There is. The worksheet is fixed, but almost every line on it takes an input, and the inputs are contested far more often than the math.

I handle child support as part of a divorce or paternity case, and on its own — modifications, terminations, and collection on orders that are not being paid.

Form 14 produces the number, but the inputs decide the case

Missouri uses a statewide income-shares model. Supreme Court Rule 88.01 and Civil Procedure Form No. 14, the Child Support Amount Calculation Worksheet, apply uniformly across the state, including the 16th Circuit.

The worksheet is not where cases are won. These are: what counts as monthly gross income, including bonuses, overtime, commissions, self-employment profit and rental income — for a business owner, what the tax return shows and what the worksheet should show are frequently two different figures; imputed income, where a parent is voluntarily unemployed or underemployed and the court can impute based on earning capacity; work-related childcare, and whether the claimed amount is real and ongoing; health insurance, and the cost attributable to the children specifically rather than to a family plan.

Then there is the overnight credit on Line 11, a percentage credit based on overnights with the paying parent. Because the credit scales with parenting time, the custody schedule and the support number are linked — which is why support should never be negotiated as though it were a separate conversation.

In Jackson County the Form 14 is filed with the Case Management Statement, due seven days before the case management conference under Administrative Order 2001-089. It is not a case-opening document, and Rule 88.01 sets no deadline of its own — the deadline is local. Child Support in Jackson County works through the calculation line by line.

Rebutting the presumed amount

Rule 88.01(b) creates a rebuttable presumption that the Form 14 amount is correct. It is rebutted only by a written finding, or a finding on the record, that the amount is unjust or inappropriate.

That is a real standard, not a formality, and it is the mechanism behind most of the support outcomes that surprise people — extraordinary needs, significant income disparity, a true equal-time schedule, extraordinary travel costs for exchanges. If you want a number other than the one the worksheet produces, you are asking the court to make that finding, and you have to give it something to make the finding on.

Changing an order that no longer fits

Section 452.370.1 sets the standard: modification requires changed circumstances so substantial and continuing as to make the terms unreasonable.

There is a shortcut worth knowing. If applying the guidelines would change the support amount by twenty percent or more, that is a prima facie showing of a change substantial and continuing enough to make the present terms unreasonable — provided the existing amount was itself based on the presumed guideline amount. Twenty percent is the only threshold in the statute; there is no dollar alternative.

Modification is not retroactive to the day your circumstances changed. It runs from filing at the earliest. Every month you wait on a support order you cannot afford is a month you do not get back, which makes delay the most expensive mistake in this area. See also Lee's Summit Modification Attorney.

Jackson County requires updated financial disclosure: Form 1402B, the Income and Expense Statement, and Form 1402A, the Statement of Marital and Non-Marital Assets and Debts, under Local Rule 68.4, plus discovery.

Collecting on an order that is not being paid

Unpaid support is a judgment and can be enforced like one — income withholding, tax refund intercept, license suspension, liens, and contempt.

The Family Support Division handles collection on many orders, and it is free. It is also slow, and it does not represent you. Where arrears are substantial, where the other parent is self-employed and hard to garnish, or where the conduct is deliberate and repeating, private enforcement moves faster and gives you someone whose job is your case rather than a caseload. Emergency Orders and Enforcement covers contempt and what it requires.

When support ends, and why it does not end by itself

This is the most misunderstood area of Missouri child support, and getting it wrong is expensive in both directions.

Support does not stop automatically at eighteen. Under Section 452.340.5 a child who enrolls in vocational or higher education by October 1 following secondary completion, carries at least twelve credit hours — or nine if employed at least fifteen hours a week — and delivers a transcript to each parent each semester keeps the obligation running to age twenty-one.

Nor does it stop automatically when the child stops meeting those conditions. Where a child fails to produce the documents, or fails half or more of a courseload, support may terminate. Both are permissive. Neither is self-executing. If you are paying and you believe the obligation should have ended, arrears keep accruing until you do something about it. The routes that end an obligation without a contested hearing are in Section 452.340.12, and each has its own filing requirements.

What Clients Say

Kirby was our attorney for a very complicated and contentious child support and custody case. Kirby was exceptionally responsive throughout the process. He knew exactly when to take on a more collaborative approach and when to challenge the other side to maximize the best possible outcomes for our case. Throughout the entire process, Kirby acted with the highest level of professionalism and integrity. Kirby is the kind of attorney you want in your corner when the outcome really matters. Kirby comes with our highest recommendations and gratitude! (Annette N.)

Kirby is a great attorney. He does not over promise and is very detailed in everything that he does. He kept me very informed throughout the entire process and gave me great legal advice the entire time. He is also very fair on his hourly rate. I had nothing but a great experience with Kirby and would recommend him to anyone. (Jaden L.)

When finding a lawyer I was scared, and intimidated but Kirby made all my worries go away. Kirby responds, and talks you through everything. You can call or text him at anytime. If he does not respond right away he will respond within hours. Kirby takes you seriously and makes your problems his problems. He understands how stressful things can get when it comes to the court system. I would recommend Kirby over and over again. (Paige R.)

The absolute BEST law firm! I cannot say enough about the level of expertise and professionalism of Kirby Minor! Stressful legal situations are made much more bearable with Kirby Minor by your side! My questions are answered promptly and in “regular person” terms! Although no one wishes to be in the need of a lawyer, I know at times I was an unbearable client, but my case was anything but easy. I got the results I wanted and even if I could be gruff at times with him he kept a professional manor. Thank you for all that you do for your clients! (Jill V.)

What to bring to a consultation

Your existing order if there is one, your last two years of tax returns, recent pay stubs, the childcare and health insurance figures, and a rough count of overnights under the current schedule. With those I can usually tell you within the half hour whether you have a modification worth filing. If support is part of a dissolution, see Lee's Summit Divorce Attorney.

A thirty-minute phone consultation is $100.

Call or text 816-888-0632.

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