The following form is a Petition that adopts the notice pleadings format of the Federal Rules of Civil Procedure, which have been adopted by most states in one form or another.
This form is a generic example that may be referred to when preparing such a form for your particular state. It is for illustrative purposes only. Local laws should be consulted to determine any specific requirements for such a form in a particular jurisdiction.
The Joint Petition to Modify or Amend Divorce Decree by Terminating Child Support - Minor Left Home, Living Independently, Refuses to Work or Go to School is a legal document used by parents to request the court to modify the child support obligations outlined in a divorce decree. This petition is filed when a minor child has reached an age where they are no longer dependent on the parents, often due to living independently, pursuing no education, or refusing to seek employment.
Filling out the Joint Petition requires careful attention to detail. Here are the steps:
This form is intended for divorced parents who believe that their child no longer requires financial support due to living independently or not pursuing education or employment. Parents should consider using this form if:
The Joint Petition includes several vital components essential for its acceptance:
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If you have an active/open child support case, you can submit an official Request for Review of your court-ordered amount. You can click on this link to complete an online modification request, https://csapps.oag.texas.gov/form/csmodification.
If The Parents Agree, Child Support Can Be Changed or Removed. Because of changes in circumstances for either of the parents, the two parties may agree to forgo payments. This can happen when the marital status of the custodial parent changes, the income of a parent changes, or other circumstances.
No new child support will be charged after the date of termination. If the parent who was paying child support (the obligor) has no unpaid balances (or arrearages) on the date of termination, then the order for that child is over and the case will be closed.
Modifying Child Support Without Going to Court It is possible to have your child support order modified without having to go to court--but only in very limited circumstances. Some judges include a Cost of Living Adjustment (COLA) clause in all of the child support orders they issue.
No. You cannot retroactively modify child support and now that your child is over age 18 and has graduated from high school, she cannot obtain ongoing support for your child.
When you lose your job the legal obligation to pay child support does not stop it will not go away. If there are arrears of payment of child support the amount of the arrears is not waived. Becoming a bankrupt does not extinguish the arrears the debt survives the bankruptcy.
What is Back Child Support? Child support payments are payments one spouse pays to the other to support their child.Courts often order child support payments to be made by the non-custodial parent to the custodial parent. Missed child support payments are known as back child support payments.
If both parents agree to end child support, the proper way to end the obligation is by filing a motion with the court to terminate child support. The order MUST BE SIGNED BY A JUDGE to be effective. Ask the OAG is this has been done. If it has not you are still obligated under a court order to pay child support.
Locate the court file number. Locate the court file number from the divorce or child support paperwork. Complete the appropriate paperwork. In Texas, the Petition to Terminate Withholding for Child Support requires the following information: File the petition.
