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 becomes disabled and makes less money, etc., they can seek a reduction a to reduce what they are “ordered” to pay.

But the “Court” that might order my clients to pay less than 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

Just because this Court, Judge, and I (as a criminal defense attorney) can’t seek to “modify” what the Domestic Relations Judge ordered my client 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 to $250/month might then permit resolution with my client paying $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 my clients can’t afford a lawyer. Yet unlike the criminal charges under the Constitution, there is no constitutional right to an attorney in a civil matter like child support modification. 

Despite this, I strongly advise clients to consult with an attorney. They can help determine whether or not modification of the parenting plan is advisable and can represent them and their interests.

There are basically three (2) ways to seek to modify child support:

1. By court order (see below);  and
2. 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. Libraries 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; and
• 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   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.

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.