Lee's Summit Modification Attorney
Changing a Custody, Parenting Time or Support Judgment

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

A judgment is not permanent, but it is not casually revisited either. Missouri sets a deliberately high bar for reopening a custody or support decree, and the bar is different depending on which one you are trying to change. A large share of the modification cases I see fail on that distinction rather than on the facts.

I handle post-judgment modifications in Jackson County and the surrounding counties, including cases where I did not handle the original decree.

Custody modifications are harder than support modifications

They are governed by different statutes with different standards, and people routinely apply the easier one to the harder problem.

For custody, Section 452.410.1 requires that the court have jurisdiction under Section 452.745 and find, on facts that have arisen since the prior decree or that were unknown to the court at the time, that a change has occurred in the circumstances of the child or the child's custodian, and that modification is necessary to serve the best interests of the child.

Read that carefully, because the limitation is easy to miss. The change has to be in the circumstances of the child or the custodian. A change in the non-custodial parent's circumstances — a better job, a new house, more availability, genuine improvement — does not by itself satisfy the statute. That is the most common reason a sincere and sympathetic modification petition fails.

One procedural point worth knowing: under Section 452.410.2, either parent filing to modify joint legal or joint physical custody is entitled to a change of judge as of right under Supreme Court rule. See Relocation and Custody Modifications for the custody side in depth, and Lee's Summit Child Custody Attorney for how custody is decided in the first place.

Support modifications, and the twenty percent rule

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

The practical shortcut is the twenty percent rule. If running the current guidelines would change the support figure by twenty percent or more, that is a prima facie showing of a substantial and continuing change — provided the existing amount was based on the presumed guideline amount in the first place. Twenty percent is the only threshold the statute contains. There is no dollar-figure alternative.

Maintenance follows the same substantial and continuing standard. Note that under Section 452.370.3, unless the parties agreed otherwise in writing or the judgment expressly provides otherwise, the obligation to pay future statutory maintenance terminates on the death of either party or on the remarriage of the party receiving it. Lee's Summit Child Support Attorney covers the calculation itself.

Relocation has its own statute and its own clock

If a parent intends to move a child's principal residence, Section 452.377 governs, and it is unforgiving about deadlines.

A relocation is a change in the child's principal residence for ninety days or more. It is not defined by distance — a move across town for more than ninety days is a relocation under the statute.

The moving parent must give written notice by certified mail, return receipt requested, at least sixty days in advance, and the notice must contain six specific items: the intended new address, the new home phone number if known, the date of the intended move, a brief statement of the reasons, a proposed revised schedule of custody or visitation, and a statement of the other party's right to object.

The other parent then has thirty days from receipt to file a motion to prevent the relocation, supported by an affidavit setting out the specific good-faith factual basis. The relocating party has fourteen days to respond. If no motion is filed within thirty days, the relocation may proceed once the sixty days run.

The burden is on the party seeking to relocate, who must prove the move is made in good faith and is in the best interest of the child — both, not either.

Two consequences of skipping the process. Under Section 452.377.6, failure to give notice may be treated as a factor in modifying custody, as a basis to order the child returned, and as sufficient cause to order the relocating parent to pay the objecting party's reasonable expenses and attorney fees. And under Section 452.377.14, violating the section or an order under it may be deemed a change of circumstance under Section 452.410 — which is to say, it can supply the very ground for a custody modification against you.

There is a counterweight worth knowing if you are the one objecting: under Section 452.377.15, a party who objects in good faith is not to be ordered to pay the relocating party's costs and fees.

Filing in the right court, on the right papers

Modifications are generally filed in the court that entered the original judgment, which for most of my clients means Jackson County at Independence. Where the other party and the child have moved out of state, jurisdiction becomes its own threshold question under Section 452.745 and has to be resolved before anything else.

Jackson County requires updated financial disclosure on a modification touching support: Form 1402B and Form 1402A under Local Rule 68.4. Where minor children are involved, expect the FOCIS class under Local Rule 68.13 and the two-hour mediation minimum under Local Rule 68.12. The filing fee for a motion to modify is $144.50 on the current schedule.

What Clients Say

Literally the best lawyer! I hired Kirby after my divorced had been finalized with a previous lawyer and I wish I would have hired him off the bat. He is amazing, will fight for you, is super knowledgeable, and timely in responses! (Courtney Z.)

I recommend Kirby to everyone! I used him for my divorce and he helped me every step of the way. I have had to consult with him about a few issues even after the divorce and each time he has kept me calm and has been on top of everything. I feel so blessed to have him as my lawyer and would trust him with anything! (Laken G.)

Kirby was amazing and took on my case when I thought I had no hope. He worked hard and continues to support my journey. I highly recommend him! The best feeling when you are in this position is knowing you have someone that will fight for what is right and someone that is truly in your corner. I wish there was more than 5 stars!! (Kate J.)

Kirby and his law office were amazing! He always responded promptly and professionally. Going through a divorce is emotionally taxing... If you want to at least feel the burdens of getting divorced lifted from your shoulders I highly recommend Kirby. His prices were very affordable. During a trying time he will help alleviate some of the burden and fight for you! (Liz B.)

Move before the pattern hardens

Modification relief is not retroactive to the day your circumstances changed. At the earliest it runs from filing. On a support order you cannot pay, every month of delay is money you will not recover. On a custody arrangement that is failing, delay does something worse — it establishes a status quo, and courts are reluctant to disturb an arrangement a child has settled into, however it came about.

If something has genuinely changed, the question is not whether to act but whether what changed meets the standard. That is a half-hour conversation, not a leap of faith.

A thirty-minute phone consultation is $100. I will tell you plainly whether you have a modification worth filing, including when the answer is that you do not.

Call or text 816-888-0632.