Section 26.12 Standards for Change in Amount of Support

• Library: Family Law Deskbook and 2014 Supp

A. (§26.12) Standards for Change in Amount of Support

Under § 452.325.6, RSMo 2000, support, custody, and visitation are modifiable if the appropriate standards are met. Even when the decree expressly precludes or limits modification and a separation agreement provides the same, those terms concerning support, custody, and visitation may be modified notwithstanding any agreement. See id. Counsel should also be cautious of limiting terms with regard to maintenance. Brucker v. Brucker, 611 S.W.2d 293 (Mo. App. E.D. 1980); see also Berman v. Berman, 701 S.W.2d 781 (Mo. App. E.D. 1985); Beeler v. Beeler, 820 S.W.2d 657 (Mo. App. W.D. 1991); §26.19, infra. Modification of the provisions of a judgment regarding maintenance or support requires a showing of changed circumstances so substantial and continuing as to make the terms of the judgment unreasonable. Section 452.370.1, RSMo 2000.

It is excellent practice to request in the motion to modify that the relief requested be made retroactive to the date...