Section 18.12 Modification of Pendente Lite Order

• Library: Family Law Deskbook and 2014 Supp

V. (§18.12) Modification of Pendente Lite Order

A PDL (pendente lite) order or temporary restraining order may be modified after its entry upon a showing made in accordance with the applicable statute. With respect to an order of maintenance and child support payments, § 452.370.1, RSMo 2000, provides that any such order can be modified upon a showing of a change in circumstances so substantial and continuing as to make the terms of the original order unreasonable, but only on the payments that accrued after the motion was filed. In In re Marriage of Deatherage, 595 S.W.2d 36 (Mo. App. S.D. 1980), the court determined that this statute does, in fact, apply to PDL orders and permits their modification. Id. at 38. Under § 452.315.8, RSMo 2000, however, any such modification of a temporary order may be retroactive to the date of the original temporary order (not only to the date of the filing of the motion as noted in §18.10 above with final orders), and this determination is within the discretion of the court. But
the decision in Winters v. Winters, 945...