Post Divorce Modification
After a Judgment has been entered in your divorce, it can be changed if the right circumstances exist. The child support, child custody and spousal maintenance terms are subject to modification if you are able to establish that a substantial and continuing change in circumstances has occurred. These changed circumstances must make it difficult or impossible for you to comply with the Judgment or must require a change to protect the best interest of the child.
At Kennedy, Robbins, Yarbro & Henson, LC, we are experienced family law attorneys who assist clients in post divorce modification of the divorce Judgment. We are able to help you if you need to modify the terms of your divorce Judgment with regard to child support, child custody and spousal maintenance. To learn more about the options available to you, contact us today.
We can assist you if you are seeking a post divorce modification of the divorce Judgment relating to:
* Child Custody: Arkansas and Missouri have both adopted the Uniform Child Custody Jurisdiction and Enforcement Act. Child custody determinations are always capable of review by the court by way of a motion to modify until the child is emancipated. Just like with the initial custody determination, the Court must consider the best interests if the child(ren). Circumstances that may warrant a modification of the child custody terms of your divorce Judgment include relocation, re-marriage, a new job, or other changes that directly effect the child(ren).
* Child Support: If your income, or that of your former spouse, has changed, the child support amount may be modified. Other circumstances for modifying the child support amount may include the health of the child(ren) or other significant changed circumstances that affect the financial needs of the child(rem).
* Maintenance: Under Missouri law, the Court can only modify a maintenance award in your divorce Judgment if it was initially determined to be modifiable. The Court, at the time of the divorce, must determine if the maintenance amount is modifiable or non-modifiable. You should review the terms of your Judgment carefully and be prepared to discuss the same with an attorney. Both non-modifiable and modifiable maintenance terminate at the death of your former spouse, unless specifically stated otherwise in the divorce Judgment.
If you need legal assistance, or for further information about modification of your divorce Judgment or any other family law matter, please contact us or call Kennedy, Robbins, Yarbro & Henson, LC, at (573) 686-2459. Our commitment is to earn your confidence by answering all questions and providing quality representation.