What once was, doesn’t always have to be
Modification of Child Custody in Missouri
Child Custody & Support Modifications in Missouri
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Child Custody & Support Modifications in Missouri *
When Can a Child Custody or Support Order Be Modified?
In Missouri, custody and support orders are legally binding—but they are not set in stone. A parent may request a modification when there has been a substantial and continuing change in circumstances that makes the current order unfair, unworkable, or contrary to the child’s best interests.
Common Reasons for Modification:
Relocation: One parent plans to move out of state or a significant distance away.
Change in Employment or Income: A substantial increase or decrease in income, job loss, or new financial obligations.
Health Issues: A parent or child develops a medical condition that impacts care or finances.
Changes in the Child’s Needs: Educational, emotional, or developmental needs evolve.
Parenting Time Issues: One parent is not following the parenting plan, or the current plan no longer suits the child’s routine.
Substance Abuse or Safety Concerns: New issues arise that may affect the child’s wellbeing.
Do I Need to Go to Court for a Modification?
While some parents are able to agree on changes outside of court, any modification must be approved by a judge to become legally enforceable. Informal agreements—even if in writing—are not binding unless incorporated into a new court order.
At Lotspeich Law, we aim to resolve matters as efficiently as possible, including through negotiation or mediation when appropriate. But if a fair agreement can’t be reached, we are fully prepared to represent your interests in court.
Child Support Modifications
Child support is determined by Missouri's Form 14 guidelines, which factor in income, number of children, and expenses like health insurance and childcare. If either parent experiences a significant change in circumstances, support can be increased or decreased accordingly.
Reasons for support modification may include:
Loss or gain of employment
A substantial raise or promotion
Disability or medical issues impacting earning capacity
Changes in custody arrangements
New expenses (such as educational or medical needs)
Whether you're seeking to adjust your support obligation or ensure your co-parent is contributing fairly, we’ll help you gather the necessary financial documentation and present a clear case to the court.
How We Can Help You
Modifying a custody or support order can be stressful, especially when emotions run high. Our goal is to take the legal burden off your shoulders while keeping your child’s wellbeing at the forefront. When you work with Lotspeich Law, you get:
A clear explanation of your legal rights and options
Skilled drafting and filing of modification motions
Thorough preparation for hearings or mediation
Strategic advocacy focused on your goals and your child’s best interests
Personalized, responsive communication every step of the way
Schedule a Confidential Consultation Today
Don’t wait to address a custody or support order that no longer works for your family. Contact Lotspeich Law today to discuss your options and take the next step toward a parenting plan that reflects your current reality—and your child’s best future.
Typical Steps in a Modification
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To officially request changes to child custody or support, a Motion to Modify must be filed with the court, outlining the reasons for modification (change in circumstances since the prior judgment) and why a modification is in the best interest of the child. The other parent must be served with a summons, ensuring they have the opportunity to respond and participate in the case.
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Discovery
Discovery is the formal legal process where both parties in a case exchange relevant information and documents. It ensures that each side has access to the facts they need to make informed decisions or present a strong case in court.
Discovery can be formal or informal, but common legal tools include:
Interrogatories: Written questions that must be answered under oath
Requests for Production: A demand for documents or records related to finances, property, or parenting
Requests for Admissions: Statements the other party must admit or deny
Depositions: Oral testimony given under oath in front of a court reporter
Subpoenas: Used to compel third parties (like employers, banks, or schools) to produce records or attend trial
At Lotspeich Law, we tailor our discovery strategy to the specific needs of your case—whether that means conducting a detailed financial investigation or defending against invasive or unnecessary requests from the other side.
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Mediation
Mediation is a confidential, voluntary process in which both parties meet with a neutral third-party mediator to try to reach an agreement outside of court. The mediator does not make decisions like a judge. Instead, their role is to facilitate discussion, reduce conflict, and help both sides explore practical solutions that meet everyone’s needs—especially the children’s.
In Missouri, mediation is often court-ordered in family law cases such as divorce, child custody, or support disputes, but it can also be initiated voluntarily by the parties.
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If no agreement is reached, both parties present their case in court, providing evidence and testimony to support their position. The judge then evaluates the facts to determine the best outcome for the child. I recommend reviewing our blog for additional information about trial.
Let’s get this sorted out, together.
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Phone: (660) 624-2342
Email: staff@lotspeichlaw.com