New Bill Allows for PDLs during a Motion to Modify

Posted By Pedano, O'Shea, McGavic & Hogenmiller, LLC || 12-May-2016

A new bill pending now proposes the allowance for a PDL when a parent files a motion to modify divorce arrangements. Currently in the state of Missouri, when you file a motion to modify due to a change in circumstance, you don’t have the ability to start a PDL.

A PDL is a temporary agreement both parties come to while they await the finalization of their court case. During a divorce case, PDLs are used to provide parents with temporary custody plans, child support, and alimony while the courts finalize the divorce terms.

How Could This Affect You?

Suppose you and your Ex have finalized your divorce, the arrangements for alimony, child support, and child custody have been set. Your child begins to perform poorly in school from your Ex’s residence, and you would like your child to attend a different school from your residence. Also, your Ex received a significant pay raise and the costs of health insurance have increased dramatically.

You file a motion with the Missouri courts to change your current child custody and support arrangement due to a change in circumstance. This motion may take up to 12 months to finalize. While the modification case is pending, your child still needs to attend the same school and you will receive the current support.

At this time, the courts of Missouri do not allow for parents to file for a PDL during a motion to modify to establish a new Order. This new bill would provide parents with this right. This would mean parents who have experienced a change in circumstance could have their situation evaluated and by filing a PDL, and a new temporary agreement would be established. For the parent in the above example, filling for a PDL could mean an increase in support and a change in custody while the courts are still finalizing the motion to modify.

We Can Help

If you are looking to dissolve your marriage or modify your judgment, you should contact the Pedano, O’Shea, McGavic & Hogenmiller, LLC for an affordable, holistic approach to your family law needs. Our firm has extensive experience handling divorce, child custody and visitation, child support, adoption, modification of orders and protection orders.

Categories: Family Law