PETITION FOR MODIFICATION OF CHILD SUPPORT

IN THE CIRCUIT COURT OF [__] COUNTY, MISSOURI

FAMILY COURT DIVISION

Case No.: [_]
Division No.: [_]

Petitioner: [Full Legal Name],
Address: [__]

Respondent: [Full Legal Name],
Address: [__]

TABLE OF CONTENTS

I. Document Header
II. Definitions
III. Operative Provisions
IV. Representations & Warranties
V. Covenants & Restrictions
VI. Default & Remedies
VII. Risk Allocation
VIII. Dispute Resolution
IX. General Provisions
X. Execution Block

I. DOCUMENT HEADER

1. Recitals
   1.1 On [Date of Original Judgment], this Court entered a Judgment of Dissolution of Marriage (the “Existing Order”) that, inter alia, required Respondent to pay child support for the parties’ minor child(ren).
   1.2 Petitioner now seeks modification of the child-support provisions pursuant to Mo. Rev. Stat. § 452.370 and Missouri Supreme Court Rule 88.01 based on a substantial and continuing change in circumstances.

2. Effective Date and Jurisdiction
   2.1 This Petition is effective upon filing with the Clerk of the Circuit Court.
   2.2 The Court has subject-matter jurisdiction under Mo. Rev. Stat. §§ 452.300–452.415 and personal jurisdiction over both parties pursuant to [Basis—e.g., residency, service within the state].

[// GUIDANCE: Insert the correct county, case number, and division information before filing.]

II. DEFINITIONS

For purposes of this Petition, the following capitalized terms have the meanings set forth below and apply equally to singular and plural forms:

“Applicable Guidelines” means the Missouri Child Support Guidelines embodied in Missouri Supreme Court Rule 88.01 and Form No. 14, as amended from time to time.

“Existing Order” has the meaning set forth in Recital 1.1.

“Form 14” means the worksheet promulgated by the Missouri Supreme Court for calculating presumed child support obligations under the Applicable Guidelines.

“Income Withholding Order” means any order entered pursuant to Mo. Rev. Stat. § 454.505 directing an obligor’s employer to withhold child-support payments from wages.

“Minor Child(ren)” means the parties’ child(ren) identified in the Existing Order: [Child Name(s) & DOB(s)].

III. OPERATIVE PROVISIONS

3. Relief Requested
   3.1 Petitioner requests that the Court:
   (a) Recalculate child support using updated income data in accordance with the Applicable Guidelines;
   (b) Modify the Existing Order to set child support at $[__] per month, payable [frequency];
   (c) Order an Immediate Income Withholding Order directed to Respondent’s employer;
   (d) Allocate uncovered medical, dental, and extracurricular expenses as follows: Petitioner [] %, Respondent [] %; and
   (e) Grant such further relief as the Court deems just and proper.

4. Factual Basis for Modification
   4.1 Since entry of the Existing Order, circumstances have changed substantially and continuously, including but not limited to:
   (a) A material change in Respondent’s gross monthly income from $[Old Amount] to $[New Amount];
   (b) A change in health-insurance costs for the Minor Child(ren) from $[Old Amount] to $[New Amount];
   (c) [Any disability, job loss, change in custody schedule, or emancipation];
   4.2 These changes render the Existing Order unreasonable per Mo. Rev. Stat. § 452.370(1).

5. Compliance with Procedural Requirements
   5.1 Attached hereto as Exhibit A is Petitioner’s completed Form 14.
   5.2 Petitioner has filed a proposed Parenting Plan revision concurrently with this Petition (as required when custody issues are implicated).

6. Conditions Precedent
   6.1 All conditions precedent to modification under Missouri law have been satisfied, waived, or excused.

[// GUIDANCE: Tailor Section 4 with precise facts and attach supporting documentation—e.g., pay stubs, benefit statements, expense receipts.]

IV. REPRESENTATIONS & WARRANTIES

7. Representations of Petitioner
   7.1 Accuracy of Information. Petitioner represents that all financial data provided herein and in Exhibit A are true, complete, and correct to the best of Petitioner’s knowledge, information, and belief.
   7.2 Venue & Jurisdiction. Petitioner represents that venue is proper in this Court and that both parties are subject to the Court’s personal jurisdiction.

8. Survival
   8.1 The representations in Section 7 survive until entry of a Modified Child Support Order.

V. COVENANTS & RESTRICTIONS

9. Exchange of Financial Information
   9.1 Each party shall exchange updated income documentation annually by March 15 or within thirty (30) days of any material employment change.

10. Notice Obligations
    10.1 A party experiencing a change in employment, income, or insurance coverage exceeding ten percent (10 %) shall provide written notice to the other party within seven (7) days.

11. Compliance Monitoring
    11.1 Failure to provide the information set forth in Sections 9–10 may be grounds for a future motion for contempt or sanctions.

VI. DEFAULT & REMEDIES

12. Events of Default
    12.1 Non-payment of any child-support installment for more than thirty (30) days constitutes a Default.
    12.2 Failure to comply with Sections 9–10 constitutes a Technical Default.

13. Notice and Cure
    13.1 Upon Default, the non-defaulting party shall provide written notice specifying the breach and allow a seven-day cure period, except for wage-withholding defaults, which may be enforced immediately through statutory remedies.

14. Remedies
    14.1 Upon uncured Default, the Court may:
    (a) Issue an Amended Income Withholding Order;
    (b) Enter a judgment for arrearages plus interest;
    (c) Award reasonable attorney fees and costs;
    (d) Find the defaulting party in contempt and impose sanctions, including incarceration per Mo. Rev. Stat. § 452.350.

VII. RISK ALLOCATION

15. Limitations of Liability
    15.1 Neither party may seek to recover from the other an amount exceeding the unpaid child support plus statutory interest; non-support damages are limited to the percentage set forth in the Applicable Guidelines.

[// GUIDANCE: Indemnification is not applicable in child-support matters; this clause is included solely to satisfy the requested architecture.]

VIII. DISPUTE RESOLUTION

16. Governing Law
    16.1 This matter is governed by Missouri family-law statutes, including Mo. Rev. Stat. §§ 452.300 et seq. and 454.400 et seq., and by Missouri Supreme Court Rules.

17. Forum Selection
    17.1 Exclusive jurisdiction and venue lie with the Family Court Division of the Circuit Court of [__] County, Missouri.

18. Arbitration & Jury Trial
    18.1 Arbitration is not available for child-support matters.
    18.2 Jury trial is waived pursuant to Mo. Const. art. I, § 22(a) (family-law actions tried to the Court).

19. Injunctive/Equitable Relief
    19.1 The Court may grant wage garnishment and any other equitable relief necessary to enforce child-support obligations.

IX. GENERAL PROVISIONS

20. Amendment and Waiver
    20.1 This Petition may be amended only by leave of Court; no waiver of any provision shall be effective unless in writing and filed of record.

21. Severability
    21.1 If any provision of this Petition or any resulting order is held invalid, the remaining provisions shall remain in full force to the extent permitted by law.

22. Integration
    22.1 This Petition, together with all exhibits, constitutes the entire request for relief; there are no oral or written agreements outside the pleadings.

23. Electronic Signatures
    23.1 Signatures transmitted electronically (including via Missouri e-Filing) are deemed originals.

X. EXECUTION BLOCK

Respectfully submitted,

[Attorney Name], MO Bar No. [____]
Attorney for Petitioner
[Firm Name]
[Address]
[Telephone] | [Email]

DATED: [__]

VERIFICATION

STATE OF MISSOURI )
) ss.
COUNTY OF [_____] )

I, [Petitioner Name], having been duly sworn, state that I have read the foregoing Petition, know its contents, and that the facts stated therein are true and correct to the best of my knowledge and belief.

[Petitioner Name]

Subscribed and sworn before me this ___ day of ____, 20__.

Notary Public
My Commission Expires: ____

CERTIFICATE OF SERVICE

I hereby certify that a true and correct copy of the foregoing Petition for Modification of Child Support was served on [method of service, e.g., Missouri e-Filing/hand delivery/U.S. Mail] to Respondent or Respondent’s counsel of record on this ___ day of ____, 20__.

[Attorney Name]

[// GUIDANCE: Check local rules for additional certificates (e.g., parenting class completion) and confirm any county-specific forms that must accompany the Petition, such as “Statement of Income and Expenses.”]