Joplin Divorce Modification Lawyer

Working with a Joplin divorce modification lawyer can help you learn about the legal process required to petition the Missouri court system to modify your divorce decree. Modification cases are typically filed when families experience changes to their income, employment, parenting time schedule, relocation, or other life-altering changes. It’s important to understand that many orders issued by Missouri courts can be modified if you meet certain legal requirements.

About Bundy

Bundy is a family law trial practice serving clients throughout Missouri, Oklahoma, and Arkansas. Our Joplin family law attorneys routinely represent business owners, executives, physicians, entrepreneurs, and families with complex or high-value assets.

Our attorneys include Fellows of the American Academy of Matrimonial Lawyers (AAML). Firm founder Aaron Bundy is also a Fellow of the International Academy of Family Lawyers (IAFL) for the state of Oklahoma*. This means that we have the experience and qualifications to handle even the most complex domestic or international family law matters.

Missouri Divorce Modification Laws

According to the CDC, Missouri has a marriage rate of 5.7 per 1,000 and a divorce rate of 2.6 per 1,000 residents, with a number of these needing modifications at some point. Divorce modification cases for residents in or around Joplin usually take place in Missouri’s Jasper County Circuit Court, which is located at 302 S Main Street, Joplin, MO 64836.

Under Missouri law, individuals can seek modification of certain divorce orders when there’s been a substantial and continuing change of circumstances that makes the existing order unreasonable. Some examples of situations that may warrant a divorce modification are listed below:

• A substantial change in income
• A disability
• A change in the child’s circumstances
• Schedule adjustments
• A relocation
• Health insurance changes
• Changing childcare expenses

All matters included in a divorce decree are not necessarily subject to modification. Property division, for example, is usually finalized when a judgment is entered. Custody, parenting time, child support, and, in certain cases, spousal maintenance may be modified if the necessary statutory requirements are met.

Missouri modification law also states in Missouri Revised Statutes § 452.410 that the court must consider whether it would be in the best interests of the child to modify custody. There must also be a change in one or both parents’ circumstances since the date of the last order to justify a modification.

What Courts Consider for a Modification Order

The court typically looks at evidence that shows circumstances have changed since the initial decree was entered. Bank statements, employment verifications, medical bills, school documents, and/or parenting schedules are some of the documents that can be important in a divorce modification case.

When it comes to changes in child custody or parenting schedules, the judge’s primary focus is always the child’s well-being, not the parents’ preferences. The judge may consider any number of factors when determining best interests. Additionally, modification of maintenance or child support is based on current financial circumstances, not what you may have earned or spent during your marriage.

Preparing Before Filing

Before filing your motion or request to modify a divorce order, it can be beneficial to start gathering documents that show how your situation has changed since the existing judgment was entered. Recent tax returns, pay stubs, business income records, or medical bills may all be useful if you are requesting that a support order be modified.

If you are a parent requesting modifications to custody or parenting time, school records and calendars highlighting your parenting time, as well as evidence of your child’s current needs, may also be useful. Court orders should be reviewed as well, as your motion or request may need to specify which parts of the order you are requesting be changed.

Hire a Divorce Modification Lawyer in Joplin

When you hire a divorce modification lawyer, you are likely experiencing complex life events and changes. If you own your own business, have investment accounts, executive compensation arrangements, are entitled to distributions from a trust, or operate your own professional practice, you likely need a Joplin divorce modification attorney to help.

An attorney can work with the necessary professionals, such as accountants and financial planners, to understand your financial situation and determine how to approach your divorce modification in the most effective way. They can also help you gather the necessary paperwork for your case.

FAQs

Does Remarriage Automatically End Spousal Maintenance in Missouri?

Remarriage does not necessarily impact all financial awards made in a divorce decree. The continuation of maintenance depends on the language of the court order and Missouri law. Most maintenance awards terminate on the remarriage of the supported spouse. However, there are exceptions to this. Don’t assume your obligations have changed until you’ve reviewed your current judgment with the advice of a Joplin divorce modification attorney.

Can a Modification Be Requested if Both Parents Now Live in Different States?

Yes, a modification can still be requested if both parents live in different states. When parents relocate after divorce, interstate family law issues can arise. Jurisdiction is based on many factors, such as where the child resides and where the initial order was entered. State and federal legislation dictate which court can modify a request.

Can Retirement Lead to Divorce Modification?

Retirement can lead to a divorce modification. Retirement is usually considered a significant change in lifestyle that warrants a modification request in Missouri. Whether retirement is considered reasonable grounds for modification depends on the unique factors, such as whether income is affected and whether the current order is still justifiable. All situations are ruled over by a judge on a case-by-case basis. A Joplin divorce modification lawyer can be a great resource in these types of divorce modification cases.

What Happens if My Former Spouse Ignores a Modification Order?

When a party does not adhere to the terms of a modified order, the disobedient party can be held in contempt of court. In this case, you may request enforcement from the court. Enforcement hearings are separate from modification hearings, and additional hearings or remedies ordered by the court may take place. If a modification is ordered, both parties must follow the new terms of the order.

Contact an Experienced Joplin Divorce Modification Attorney at Bundy

If you have had a change in your circumstances that makes your divorce decree difficult to uphold, you may be able to seek a divorce modification. At Bundy, we can look at the facts of your case and inform you of your options. Contact us to discuss your case with our legal team.

*Awards and recognition are not guarantees of future results. Selection criteria vary by organization.