This form is used to justify a modification of a child support order, a court must find that there has been a change in the material circumstances of the parties or the children since the time of the original order. The burden of proving a change of circumstances is on the party seeking the modification.
Title: Alabama Motion to Modify or Amend Divorce Decree to Provide for Increase in Amount of Child Support Keywords: Alabama, motion to modify, amend divorce decree, increase in child support, child support modification, child support increase Introduction: In Alabama, when significant changes occur in a parent's financial circumstances or living arrangements, it may be necessary to file a Motion to Modify or Amend a Divorce Decree to provide for an increase in the amount of child support. This legal process ensures that the best interests and welfare of the child are maintained, as financial support is adjusted accordingly. This article explores the various types of motions available in Alabama when seeking an increase in child support. 1. Petition for Modification or Amendment of Divorce Decree: If you are seeking to increase the amount of child support outlined in your existing divorce decree, you will need to file a Petition for Modification or Amendment of Divorce Decree in an Alabama family court. This motion requests the court to change the child support amount based on a substantial change in circumstances. 2. Substantial Change in Circumstances: Alabama law recognizes that an increase in child support may be warranted if there has been a substantial change in the financial circumstances of the parent paying child support. This change may include a significant increase in income, a change in employment status, or additional financial resources becoming available. 3. Child Support Modification Hearing: Once the Motion to Modify or Amend Divorce Decree is filed, a hearing will be scheduled where both parties can present evidence and arguments. The court will evaluate the evidence, including financial documents, to determine if a significant change in circumstances has occurred. If the court finds that modification is justified, it will order an increase in the child support amount. 4. Factors Considered in Child Support Modification: To ensure fairness and justice, Alabama courts consider various factors when determining the increase in child support. These factors may include the financial needs of the child, the income and assets of both parents, the child's healthcare and educational expenses, and any other relevant circumstances that impact the child's well-being. 5. Agreement of the Parties: In some cases, the parties involved may reach an agreement on the increase in child support without going to court. If both parents agree to the modification, they can submit a Consent Order agreed upon the new child support terms. However, this agreement must be approved by the court to ensure it meets the child's best interests. 6. Enforcement of Child Support Modification: After an increase in child support is ordered by the court, it is crucial to ensure its proper enforcement. The non-custodial parent is legally obligated to pay the revised child support amount timely and consistently. Failure to comply may result in the initiation of further legal actions by the custodial parent, including seeking penalties and enforcement through the Alabama Department of Human Resources. Conclusion: When circumstances change significantly after an Alabama divorce, a Motion to Modify or Amend Divorce Decree to Provide for Increase in Amount of Child Support can be filed to obtain a fair and equitable adjustment in financial support. Seeking professional legal advice is highly recommended navigating the complex process effectively.
