Is there a waiting period before one can file motion to modify?

on a child custody. Our divorce was final in September and he has already filed a motion to modify child custody in November. I haven't been severed personally. But, have received a letter in the mail. I thought that you had to wait 2 years before you could file or be granted a motion to modify. I live in the state of missouri. Also, it says that he is supposed to serve me by 12/08. what happens if I make it difficult for him to serve me? Any information or links to information would be appreciated. thanks!Is there a waiting period before one can file motion to modify?Here is the law in Missouri (I assume that's where he lives too):



Motion to modify custody:

http://www.moga.mo.gov/statutes/C400-499鈥?/a>



452.370. 1. Except as otherwise provided in subsection 6 of section 452.325, the provisions of any judgment respecting maintenance or support may be modified only upon a showing of changed circumstances so substantial and continuing as to make the terms unreasonable.



There are additional sections...just follow the link :-)Is there a waiting period before one can file motion to modify?You can file a motion to modify any time circumstances drastically change. If you had to wait 2 years to modify support if you lost your job, you would go bankrupt. And it wouldn't be fair to the other parent if the parent paying the support suddenly got paid way more and was only paying the minimum of what they could afford before. That would just be ilogical.



And if you purposefully make it difficult to serve you, he/she can file a motion to have you served by constructive notice. All he/she has to do is prove you were purposefully evading service. Your attorney can accept service for you though if he/she still represents you.