Can an agency modify a decree?
Question: I live in Missouri. My divorce was final in April of 2001. Our Parenting plan was filed with us having Joint Legal and Physical Custody. We have our son in one week intervals. I have been keeping a journal every day from the day we separated of when I have my son. If you count all the days he is with me, it comes up to about 52% of the time.
We used MO Form - 14 to establish the presumed amount of child support and then agreed that the amount was "unjust" due to the amount of time I spend with my son, and we agreed on a lesser amount. Which the court approved.
MO Form - 14 had child care figured into it. And we reduced that amount to come up with the amount I now pay. However, our divorce decree doesn't explicitly state that she will be the one to make the child care payments.
Now she has contacted the Jackson County Child Support Center and asked them to start the modification process, because she is claiming that I should also be paying 50% of the child care costs. However, I have a 4 year history of this arrangement and she hasn't complained about it until now.
What will likely be my end result? And if they find that there is a 20% change in circumstance and they plug all the new numbers into Form 14, and they want to modify my payments, why is that fair?
My son lives with me more than 50%, he goes to the elementary school in my zip code, I pay for his health insurance, I take him to get his hair cuts, I take him to the doctor When I ask her to pay her half, she never does it, I have to send her a certified letter, every time.
It just feels like I am getting the raw end of the deal just because I am male.
Answer: First, the administrative agency should not have the authority to modify the divorce decree. Only the circuit court that entered your divorce has jurisdiction to modify the child support established in the Judgment and Decree of Dissolution. Second, the Court would not need to find a 20% change as the original decree was not based upon the Form 14 that was found to be unjust and inappropriate. The standard would be a "substantial and continuing change of circumstances". This change could be any amount the court deems substantial even if less than a 20% change. Continuing, the substantial change is from the greater of the amount agreed upon or the form 14 amount that was determined to be unjust and inappropriate. For example, if the Form 14 at the time of the divorce was for you to pay $500 per month, but the parties agreed to one dollar of child support, if she could use the $1 in support she would have a substantial change automatically. Therefore, the court would look to see if there has been a substantial change of circumstances from the $500 Form 14 amount.
If she does file for a modification, I would suggest that you request child support from her. If your incomes are somewhat equal you would have an argument that you should receive support from her based upon the custody arrangement and the fact that you are providing the non-duplicated costs of the child. Further, if your divorce decree or parenting plan dictates that you divide the costs of extracurricular activities, uninsured medical costs and educational expenses and she is failing to pay, I would file a Motion for Contempt and Order to Show Cause requesting the repayment of those amounts due plus interest.
Return to Search Page |
