Non-Support & Seeking to Modify Amount Owed Each Month

Disclaimer: This webpage is not legal advice. I cannot represent my criminal defendant clients in modification actions and I strongly encourage anyone who does to seek legal counsel for modification. I make no guarantees and assume no responsibility regarding the outcome of a modification request. All information provided in this letter can be found publicly via the web addresses listed above (as of November 8, 2023).

What criminal courts, criminal defense attorneys, and criminal defendants can't do:

I represent clients facing criminal charges for Non-Support (i.e., felony charges - when money owed is more than 12 months worth; and  misdemeanor when money owed is less than 12 months worth).  

Put in the most simple terms, Non-Support cases are really math problems. The prosecutor has to basically show the defendant owes $x (based on a court order directing payment of a certain amount of child support each month) and that the defendant only paid $z...  The difference determines if the prosecutor can get a conviction. 

My clients can and often do seek to "modify" what they owe because of a change in circumstances. For example, if my client loses a job or become disabled and makes less money, etc., they can seek a reduction a to reduce what they are "ordered" to pay.

     But the "Court" that orders my clients to pay the original amount of child support is *not* the Court in which my clients are facing criminal charges. 

NOTE: This is even the case if a judge in St. Francois County ordered my client pay the original child support amount and the client is charged criminally in St. Francois County for failure to pay that amount.

The court that ordered the child support did so in a "domestic relations" case (with a "DR" in the "case number") -- for example:

My clients are facing CRiminal charges with a "CR" in the case number - for example: 23SF-CR009999

Judges, criminal defense attorneys (like me), and defendants (like my clients) in "CRiminal" cases are not able ask for, obtain, or order a modification of the original amount owed.

Why my Clients might want to separately seek to Modify Child Support owed each month:

Just because this Court, Judge, and I (as a criminal defense attorney) can't seek to "modify" what the Domestic Relations Judge ordered my clients to pay, does not mean that my clients should not seek to "modify" it.

To begin with,  it might be relevant to the prosecutor in one of my criminal cases, if my client is currently in the modification request process or will soon begin the modification request process.

Second, as an example, if my client was ordered to pay $300/month and are charged with a felony for being 12 months behind in payments (e.g., owing more than $3,600.00), one way to resolve the charge without prison would be to agree to pay $300 + $100 extra/each month for a total of $400/month which will begin to reduce what is called "arrears" (or past-due owed).

So if my client is able to reduce the amount owed each month from $300/month to $250/month, adding that extra $100 would then require my client to pay $350/month instead of $400/month. This small difference can be significant.

What seeking to Modify does not do:

     Starting the Modification process is not an excuse for my clients to stop paying child support. My clients must continue to pay what they owe while they seek to get the amount owed each month reduced.

For the most part, if my client is able to modify future child support payments, modification does not reduce what they already owe under the previous court order.

How might my Clients seek to Modify Child Support owed each month:

     Because I can't modify child support owed each month, the burden on doing so rests with my clients. 

Given clients ask, as a courtesy, I am providing this general overview on how someone might seek to modify their monthly child support amount.

As a starting point, I know I was appointed as public defender because it has been determined my clients can't afford a lawyer. Yet unlike the criminal charges my clients facing, which entitles them to the appointment of an attorney under the Constitution, there is no constitutional right to an attorney in a civil matter or lawsuit like modification of child support. 

Despite this fact, I strongly advise any client to consult with an attorney to determine whether or not modification of the parenting plan is advisable and have an attorney represent them and their interests.

This is not "passing the buck." I do discuss these matters with clients, but I can't do it. 

There are basically three (2) ways to seek a modification of the child support owed:

1. My clients can seek to modify the amount owed each month by court order (see below);  and

2. My clients can seek to modify  the amount owed each month by administrative order through the Missouri Family Support Division (FSD) (see below).

The amount of child support ordered in either the court of FSD procedure is based on the Missouri Supreme Court’s child support guidelines and set out in what is called the “Form 14” (Child Support Amount Calculation Worksheet) which can be found online at > https://www.courts.mo.gov/file.jsp?id=114613

NOTE: If someone does not have a computer, they should use your local library even if they don’t have a library card. Libararies have tremendous resources and librarians are extremely helpful and knowledgeable.

Child support orders are subject to modification after the fact. The parent requesting modification has the burden of proving their circumstances have changed so substantially as to make the terms of the support order unreasonable. (Mo. Rev. Stat. § 452.370 and § 452.340). Talking to an attorney who does this sort of case would be able to consider and discuss things including but not limited to: 

• Child support modification can take up to a year to complete;

• Modification does not retroactively reduce payments;

• Arrearage will not be reduced if payments are lowered;

• Arrearage will not be forgiven if payments are lowered;

• Modification can only be requested once every three years (only sooner if there’s been > 20% change in income);

• Requesting a modification does not mean payments will be reduced, they can be increased;

• Reaching an informal agreement with the custodial parent does not change the prior parenting plan ;

Procedure 1 - Modifying child support through the Courts:

When someone who hires an attorney, they will prepare necessary documents. However, Missouri courts do recognize that some people will not hire an attorney and will “represent themselves” which in Latin is called “pro se” and have webpages to assist those that go this route >> https://www.courts.mo.gov/page.jsp?id=5240 

^This page notes that anyone doing with without an attorney will need to complete a “two step Litigant Awareness Program” including videos, etc. And once this is done, they will get a certificate of completion which can be filed with the court; at this time the person can then begin filling out the required court forms (there is a link on that page to the forms) >> https://www.courts.mo.gov/page.jsp?id=38397

The forms are all available on this website (multiple pages).

For your information, the person seeking to modify the child support payments is called the “Petitioner” and the person opposed to it would be the “Respondent.”

If both parties agree to the modification it would be called a “stipulation.” It the parties don’t agree it would be “contested.”

The Missouri Courts’ website is not bad, but those with questions can ask for assistance of court staff (see page > https://www.courts.mo.gov/page.jsp?id=3833); As of November 8, 2023, this page notes:

What assistance court staff are allowed to provide:

Court staff are happy to help you if they can. However, court staff are allowed to help you only in certain ways, since they must be fair to everyone. This is a list of things court staff may and may not do for you.

Court staff MAY:

o   Explain and answer questions about how the court works.

o   Provide you with the number of the local lawyer referral service and any legal services program.

o   Provide you with the number of any family court programs, parent/child education, mediation, community services and domestic violence resources.

o   Give you general information about court rules, procedures and practices.

o   Provide court schedules and information about how to set a case scheduled for a hearing.

o   Provide your court file for your review.

o   Provide you with court forms and instructions that are available.

o   Usually answer questions about court deadlines.

Court staff MAY NOT:

o   Tell you whether or not you should bring your case to court.

o   Tell you what words to use in your court papers. (However, court staff can check your papers for completeness. For example, check for signatures, notarization, correct county name, correct case number and presence of attachments.)

o   Tell you what to say in court.

o   Give you an opinion about what will happen in your case.

o   Talk to the judge for you.

o   Let you talk to the judge outside of court or arrange for you to talk to the judge outside of court.

o   Change an order signed by a judge.

o   Provide you with contact information for another party.

Court Costs

The circuit clerk may assist you in determining costs. Some courts also post the filing fees on their court website. Use the "Find a Court" search feature to search for your local court. If the filing fees are not listed, you should contact the circuit clerk's office.

You also may have to pay for serving summons on the other parties in your case. The circuit clerk usually will be able to tell you how much you will have to pay the sheriff for service (additional mileage fees for miles actually traveled in serving papers may apply). If you use a private process server you should ask the process server about the cost. If you are notifying a party by publication, check with the local newspaper regarding the cost.

And again, I am sorry I am unable to assist you beyond providing this overview.

Procedure 2 - Modifying child support through the Family Support Division:

The second procedure for seeking a modification of support is through Missouri’s Family Support Division (FSD). As FSD notes, “Every 3 years, you may ask for the Family Support Division to review your child support order to see if you can change the amount you owe. If it has been less than 3 years since the order was started, reviewed, or modified, we will only review your order under special circumstances.” 

FSD provides a nice summary of its process at the following web address >> https://dss.mo.gov/child-support/pdf/changing-child-support-order.pdf  Here it is in a reduced sized page:

 When you write FSD including the following information:

1. The custodial parent’s name, the noncustodial parent’s name, and the child/ren names;

2. Case number or IV-D number, which is the identifying number given to a case by the Family Support Division. If you cannot locate this number, you may include your social security number;

3. Reason for modification (for example, unemployment, change in income, fewer hours at work, child’s needs have changed, etc.);

4. Provide a valid phone number and address;

5. Sign and print name; and

6. Date of request.

As the summary notes, FSD will then "ask you to fill out a form explaining what has changed since the original order." That should likely be the referenced “Financial and Informational Statement.”

As with seeking assistance from the court (for Procedure 1), you can also contact DFS for assistance for Procedure 2 at >> https://dss.mo.gov/dss_map/  Included on this “Contact” page (as of November 8, 2023) is the following:

As with the Court Procedure 1, I am sorry I am unable to assist you beyond providing this overview.

 Disclaimer: Again, this webpage is not legal advice. I cannot represent my criminal defendant clients in modification actions and I strongly encourage anyone who does to seek legal counsel for modification. I make no guarantees and assume no responsibility regarding the outcome of a modification request. All information provided in this letter can be found publicly via the web addresses listed above (as of November 8, 2023).