Motion to Modify or Amend Divorce Decree to Provide for Increase in Amount of Child Support
What this document covers
The Motion to Modify or Amend Divorce Decree to Provide for Increase in Amount of Child Support is a legal document used to request a modification of an existing child support order. This form is specifically designed for individuals who believe there has been a significant change in circumstances since the original support order was established, warranting an increase in the support amount. Unlike other motions related to divorce decrees, this form focuses specifically on child support adjustments, making it essential for custodial parents seeking financial support changes.
Key components of this form
- Case information including the names of the petitioner and respondent.
- Specific details of the original decree including the date it was filed.
- Proposed new child support amount per child per month.
- Grounds for modification supported by an affidavit.
- Signature fields for both the petitioner and the petitioner’s attorney.
- Certificate of service to indicate that all relevant parties have been notified.
State law considerations
This form is a general template that may be used in several states. Because requirements differ, review your state’s laws and adjust the document before using it.
When this form is needed
This form should be used when a custodial parent seeks to increase the amount of child support due to changed financial circumstances. Situations that may justify this request include an increase in the cost of living, changes in the child's needs, or significant changes in the financial situation of either parent, such as increased income or a new job.
Who needs this form
- Custodial parents seeking a modification of existing child support orders.
- Legal representatives or attorneys acting on behalf of custodial parents.
- Parties involved in divorce proceedings where child support needs adjustment.
How to prepare this document
- Identify the parties by entering the names of the petitioner and respondent at the top of the form.
- Fill in the case number associated with the existing divorce decree.
- Specify the original child support amount and propose the new amount you are requesting.
- Attach an affidavit justifying the request for modification, detailing the changed circumstances.
- Sign and date the form, ensuring your attorney also signs if represented.
- Complete the certificate of service to confirm that all necessary parties have been notified.
Is notarization required?
In most cases, this form does not require notarization. However, some jurisdictions or signing circumstances might. US Legal Forms offers online notarization powered by Notarize, accessible 24/7 for a quick, remote process.
Typical mistakes to avoid
- Failing to provide adequate evidence of the changed circumstances.
- Not properly completing the certificate of service.
- Missing signatures from the petitioner or their attorney.
- Not filing the motion with the correct court.
Why use this form online
- Convenience of downloading and filling out the form at your own pace.
- Editability allows you to make changes easily before finalizing.
- Access to expert-drafted forms ensures the document meets legal standards.
Form popularity
FAQ
Fill out your court forms. Have your forms reviewed. Make at least 2 copies of all your forms. File your forms with the court clerk. Serve your papers on the other parent. File your Proof of Service. Go to your court hearing.
Easy way: Go through the Texas child support review process (CSRP). If you and the other party can see your way to an agreement in how to change the court order, going through the CSRP will be a faster means of getting your child support modified. Hard way: Go to court.
To request a child support modification review from your local child support office, you must complete the Modification Review Questionnaire, Notice of Legal Representation, and Financial Statement (all of which are contained in this packet), and send them along with the additional documentation requested to the
A request for a change is made by filing a "motion to modify" the divorce decree or judgment. This motion is usually filed with the same court where the divorce judgment was issued.When drafting your motion to modify you must demonstrate changed circumstances that make a change warranted.
After you complete your motion, you must file it with the court.You must then serve (mail) a copy of your filed motion (including all exhibits and the date, time, and place of hearing) to all other parties in the case. If a party is represented by an attorney, mail the motion directly to the attorney's office.
NOTE: To Party responding to a Motion to Modify Parenting Time: If you disagree with this Motion, Colorado Rules of Civil Procedure allow you to file a written response with the Court that must be filed within 21 days of the date this Motion was served on you or mailed to you.
This means that at a child support hearing or a child support modification hearing, both parties will need to present evidence about their current income levels and financial status. This evidence can be documentation including tax returns and pay stubs. The court will also need to see a copy of the custody agreement.
1Easy way: Go through the Texas child support review process (CSRP). If you and the other party can see your way to an agreement in how to change the court order, going through the CSRP will be a faster means of getting your child support modified.2Hard way: Go to court.
1Fill out your court forms.2Have your forms reviewed.3Make at least 2 copies of all your forms.4File your forms with the court clerk.5Get your court date.6Serve your papers on the other parent (and the LCSA if involved)7File your proof of service.8Go to your court hearing.
