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.
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If only one former spouse seeks modification, he or she files a Petition to Modify the Decree. Both parties must then attend a hearing at which the petitioner (plaintiff) will state his or her case and the other spouse may rebut the argument. The judge will consider the arguments and approve or deny the petition.
How do I ask the court for a new support order? You must fill out and file these forms: Request to Change Child Support (Form PS-02) Child Support Obligation Income Statement/Affidavit (Form CS-41)
Rule 32 was amended effective June 1, 2023, to provide a method of calculating child support in cases in which a court order provides for shared 50% physical custody, i.e., when each parent retains physical custody of a child 50% (or approximately 50%) of the time.
If all children in the court order have reached the age of majority (19), you can terminate the Income Withholding Order for Child Support, if no arrearage is owed. Complete and return to the Clerk's Office a Motion to Terminate the Income Withholding Order (Affidavit for Termination of Withholding Order for Support).
Common Reasons for Modification of Custody A parent believes the child is neglected in the other parent's custody. The child's needs and/or preferences have changed. The child is in immediate danger due to domestic violence, drug use, or alcoholism in the other parent's home.
What are the Valid Reasons to Modify a Child Support Order in Alabama? Both parties agree to change the child support terms. One party presents evidence to the court that the original guidelines are unjust or inequitable. Shared physical custody or visitation rights have increased for the payor of child support.
Form PS-03: If the other parent has disobeyed a court order related to the children, such as - an order to pay support, an order to pay for medical bills, an order to provide insurance, or an order related to visitation - you may ask for a contempt hearing. This is the form to use to ask for this hearing.
