Section 26.15 Financial Needs of Children

• Library: Family Law Deskbook and 2014 Supp

b. (§26.15) Financial Needs of Children

To justify an increase in child support, the party requesting the increase must:

· present a detailed explanation of all expenditures made on behalf of the child; and

· show how the expenditures have increased since the time the original support order was entered.

In re Marriage of Babcock, 771 S.W.2d 98 (Mo. App. S.D. 1989). Among the factors that may be appropriate to cite in these circumstances would be:

· increased educational expenses;

· increased cost of food and clothing;

· greater transportation needs;

· increased recreation; and

· similar factors.

Substantial medical, dental, or orthodontic expenses may also create a ground for modification if a former spouse does not pay a portion or all of these uninsured expenses under a prior agreement or court order. Counsel should again be aware that the increased expenses for children must be substantial and of a continuing nature in order to meet the requirements of § 452.370, RSMo 2000.

This threshold requirement, however, is arguably not necessary in view of § 452.370.1 when a party establishes that application of Rule 88.01 guidelines and criteria to the parties’ financial circumstances would result in at least a 20% change in the amount of child support currently being paid under court order. Rogers v. Rogers, 923 S.W.2d 381 (Mo. App. W.D...