What can I modify and what is a motion to modify?

Child support and custody decisions are always modifiable by law, regardless of the wording of any existing order or judgment. 

Modifying an award of maintenance depends on the wording of your divorce judgment.  Some awards of maintenance are considered “contractual” and non-modifiable, while others are modifiable.  Awards of property and debt are not subject to modification. 

In the event that marital assets are discovered after conclusion of a divorce, the discovering party may be able to file a separate equitable action to recover a portion of this asset.

When can I file a motion to modify custody?

Section 452.410 R.S.Mo. allows a court to modify a custody order if it finds that that facts have arisen since the date of the last judgment (or that facts were unknown to the court at the time of the original judgment), that a change has occurred with the child or child’s custodian, and the modification is necessary to serve the best interests of the child.

When can I modify (increase or decrease) a child support order?

If a change in circumstances has arisen since the date of the last judgment, the change may allow you to modify child support.  However, the change cannot be something minimal or temporary.  For example, if your income drops for one month, that alone will usually not provide a basis for an increase in child support. 

Court have decided that the change must be “so substantial and continuing as to make the terms of the original decree unreasonable.” 

If a current child support calculation would result in an increase or decrease of at least 20% there is good chance that you would be able to modify your support order.

When can I modify or reduce maintenance?

If a change in circumstances has arisen since the date of the last judgment, the change may allow you to modify maintenance.  However, the change cannot be something minimal or temporary.

Barring physical or other disability a person who receives modifiable maintenance is under a continuing obligation to seek to become self-supporting.  In many instances a person who receives maintenance may want to continue to be underemployed in order to continue the flow of maintenance payments. 

If you pay maintenance, consider the extent to which the recipient is applying for jobs, seeking certificates or degrees, and taking other action needed to become self-supporting.

Do I need to do anything before filing a motion to modify?

This depends upon the wording of the judgment that you want to modify, and whether an applicable local rule requires mediation. 

Many divorce decrees require parties to try alternative dispute resolution (mediation, arbitration, etc.) before filing a motion to modify. 

Some local rules require the parties to attempt to informally resolve disputes through mediation before filing a motion to modify.