Section 26.1 Modification Generally

• Library: Family Law Deskbook and 2014 Supp

A. (§26.1) Modification Generally

One of the most difficult areas of Missouri family law involves modification proceedings. Modifications were once looked upon as addressing those simple problem areas that needed to be cleaned up after a dissolution of marriage. A mobile society, inflation, different lifestyles, and legislation have changed all of that.

When one speaks of modification, it is automatically assumed that there is a prior valid order. The concept of modification is generally based on substantial and continuing changes. Counsel needs to be very cautious of a common misunderstanding with regard to modifications of divorce decrees. Typically, the standard involved in a child support case is a change of circumstances; a modification of custody or visitation involves a focus on the best interests of the children. A modification case is not the way to obtain a new trial or to perfect an appeal.

In representing a modification client, counsel should refer to:

· § 452.370, RSMo 2000, for child support and maintenance issues;

· § 452.410, RSMo 2000, for custody issues;

· § 452.400, RSMo Supp. 2011, for visitation issues; and

· §...