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
child custody and visitation,
child support, adoption,
modification of orders and protection orders.