Springfield Divorce & Family Law Blog

Springfield clients often come to us here at the Stange Law Firm PC with a similar question: How can I modify my custody agreement? At the time of your divorce, the court likely handed down a custodial arrangement that, while taking yours and your ex-spouse's feelings into account, was deemed to be in the best interests of your children. That arrangement likely took some getting used to, but the hope is that eventually you were able to collectively make it work. Circumstances do change, however, and now you may be discovering that what did accommodate you before no longer does. You likely now share the aforementioned question. 

According to the website for the Judicial Branch of Missouri's state government, custody orders can be modified by petition. It is recommended that you work with your ex-spouse to come up with a new arrangement that is acceptable to the both of you. You then must submit a "Motion to Modify Child Custody" (state form CAFC101) to the court that has jurisdiction over your case. If both you and your ex-spouse are in agreement about the proposed modifications, the court can approve your petition without needing to have a hearing (the only exception to this may be when major modifications are proposed, such as changing the children's primary residence). 

The holidays are meant to be filled with feelings of warmth and happiness, not contention. Yet as you work your way through your divorce proceedings in Springfield, you may see such future discord as being unavoidable. One of the primary sources of contention amongst divorce parents is how to allocate custody time during the holiday season. Many come to us here at the Stange Law Firm PC questioning what the law mandates in terms of holiday custody time. Unfortunately, there is no clear-cut legal standard. However, you and your ex-spouse will be expected to address the issue of special custody cases in your parenting plan. 

It is understandable that both you and your ex-spouse want to spend the entire holiday season with your kids, yet that may not be possible. At the same time, family courts recognize the special circumstances of the season and thus do not expect you and your ex-spouse to follow your routine custody and visitation schedule. A mandate is made, then, to come up with a plan that is amenable to you both as part of your parenting plan. 

People end their marriages because of affairs, financial issues and many other reasons. Sometimes, a couple finds out that they are incompatible, whether they have been married for a very brief period of time or they have been married for decades. Some couples are able to work through their differences by successfully pursuing therapy and counseling, while others are able to address their incompatibility through mutual understanding and time. However, others are never able to happily continue their marriage and simply do not get along with each other.

If you and your marital partner have been fighting a lot, or you are no longer interested in being married to this person, it is important to explore various options. If you have already tried counseling with no success, you may believe that the only option at this point is to file a divorce petition. You should not hesitate to move ahead with a divorce if you know that it is best for you and your kids (if you are a parent). Moreover, some people may feel that they are stuck in an incompatible marriage because their partner refuses to cooperate or consider the idea of divorce.

Child support serves as an enormous benefit to those who retain custody of their children following a divorce in Springfield, helping to soften the financial blow left from no longer being able to rely on the income of their former spouses. Indeed, the fact that (according to information shared by the U.S. Census Bureau) $33.7 billion was paid out in child support in 2015 alone reinforces how great a need it is. Those obliged to pay it likely little quarrel with doing so (they too want to ensure that their kids have all they need). However, the fear that those receiving this benefit may try to abuse it is also ever-present. 

Because of this, the guidelines regarding to the termination of a child support agreement have been made very clear. According to Section 452.340 of the Revised Statutes of Missouri, a child support obligation automatically terminates in any of the following scenarios: 

• The supported child dies
• The supported child marries
• The supported child enters into military active duty
• The supported child is otherwise able to become self-supporting