Final Considerations for Child Support
Previously, we discussed income of parents that gave us a basic amount of support and then expenses for the children After getting all the expenses added together for the children on Line 7, the court adds them with the basic amount of support from Line 5 on Line 8. That is the total amount of support using both incomes that the parents need to pay. Then Line 9 shows each parent’s share based on their proportional share of the total combined income. Now we get to the final considerations for child support: overnight credit and whether or not to use the presumed amount from the form.
Overnight Credit
The most discussed credit is probably line 11 for overnight credit. This is determined by your parenting time schedule and can really alter the whole amount of support. There is another table for how many overnights gives how much credit. The interesting part about this line is that the court can only order up to a 34% credit absent rare circumstances. For parents who are doing alternating weeks, this is very frustrating. The reason that I have been given from judges and committee members who help codify these rules is that one parent usually ends up bearing the brunt of the routine and the odds and ends costs and expenses and it usually falls to the parent receiving the support. The percentage of overnights can be agreed upon by both parents to be more than 34%, but if the issue of support goes to trial a judge may only grant up to 34% absent rare circumstances. There are only a couple times I know of where a judge ordered over the 34% threshold. One was when a parent worked an early shift and had the kids every day after school until the other parent got off work from their late shift. This parent was having dinner every night with them but could not have overnights during the school year since that parent could not get them to school in the morning. The judge recognized the issue and compensated with a higher overnight credit.
Presumed Amount v. Rebutted Amount
The final number that comes out on Line 12 at the bottom of the Form 14 is the presumed amount of child support. The court typically uses the presumed amount of support that comes from the Form 14. A judge may use one of the proffered worksheets from the parties or it can create its own. The presumed amount is a calculated amount that is easy to identify what numbers are used and able to modify when those numbers change.
Often, I encourage people to use a presumed amount for settlement or trial unless there is a really good reason to deviate or rebut the amount. There are two reasons I encourage the presumed amount. The first is because even though parents may be getting along at the time of settlement, arguments and life changes happens. You may agree now, but you may not agree later. So when a parent gets mad and wants to change the amount due to changes in life circumstances, you have that amount to help. Either it will or will not be modified based on the law, which will be discussed next. The second and more important reason I encourage using the presumed amount is because it is a lot harder to change the ordered amount if you deviate from it no matter if you’re the paying or the receiving parent. A parent could lose their job. A pandemic could cause cities to shut down.
A parent can overcome or rebut this presumed amount that the Form 14 calculates. The legal question that must be answered is if the presumed amount is just and appropriate under the circumstances. is either that the presumed amount is deemed just and appropriate under the circumstances or that the presumed is rebutted due to being unjust and inappropriate due to [insert reasons here]. There may be reasons to deviate from the presumed amount and you should always a consult an attorney to discuss options. Often times, people will deviate from the amount when it is nominal or one parent is paying all of the expenses for a sport or lesson the children have. One of the most common times
Modifications or Changing the Amount of Support
Changing the amount of child support has been mentioned a few times in this series of articles on child support. Now we will get straight into it. Terminating or changing the amount of child support ordered relies on Missouri Revised Statutes, Chapter 452, Sections 340 and 370. Section 340 discusses when you can terminate child support and Section 370 discusses when you can file to modify it. Many people believe they have to come back to court to change the order for child support. That is not always true. The Family Support Division has some rules and regulations they follow to help parents review and revise child support even if it was ordered by a court.
Moving to when you can terminate support, we look to Section 340. A child is no longer eligible for support when her or she: (1) become deceased; (2) marry; (3) enter active duty in the military; (4) become self-supporting provided the custodial parent relinquished parental control by express or implied consent; (5) reaches the age of 18 and is not attending college or vocational school; or (6) reaches the age of 21. (However, Missouri may order child support past the ages of 18 or 21 if the child is deemed incapacitated and unable to provide for themselves.) Once the child is no longer eligible for support, a parent can file an affidavit seeking termination and that affidavit is readily available online with the Family Support Division. You may have to have a hearing if there is a disagreement, but it is better to get started sooner rather than later if you meet the qualifications to terminate support. If you have at least two children you are ordered to pay support for and only one is no longer eligible, you will need to file to modify with the court and not go through the division.
When can you modify child support if at least one child is still eligible to receive it? Section 370 states that if there is a substantial and continual change in circumstances that makes the prior order unreasonable. The statute then goes on to say that if there is a 20% increase or decrease in the presumed amount of support, then that is automatic proof that there has been a substantial and continuous change making the prior order unreasonable. Only if the amount was based on the presumed amount of support. This is why it is so important to know whether or not to use the presumed amount of support in the first order or rebut the amount with a good reason.
Upon application by a parent, the Family Support Division may do a review for a new amount of support every 3 to 4 years or when there is a 20% change in the amount of support. The Division requests the parents send updated income and insurance information and does not look at much else. Even then, the division has been known to refuse to change the support obligation if it feels not enough time has passed since the last order for support. If there is a relocation issue or change in parenting time, you will have to file to modify your custody order with the court in order to get support changed, too.
Modifications of custody and support orders are always tricky. Even when they seem straight forward and the facts are on your side, motions to modify prior orders never seem to go as planned. It is always best to talk with an attorney to ensure you are getting the changes you need and address the issues you are facing.