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.
In Alabama, a joint petition to modify or amend a divorce decree by terminating child support may be necessary under specific circumstances. One such situation arises when a minor child has left home, is living independently, and refuses to work or attend school. This type of petition seeks to modify the divorce decree and terminate the child support obligation placed upon the non-custodial parent. Here are some key points to consider regarding the Alabama joint petition to modify or amend a divorce decree: 1. Legal Process: To initiate the joint petition, both parents, typically the custodial and non-custodial, must come to an agreement concerning the modification of the divorce decree. They will jointly request the court to terminate the child support obligation by filing the necessary documents and attending a court hearing. 2. Criteria for Modification: The modification is requested based on the grounds that the minor child has voluntarily left the custodial parent's home and chosen to live independently without parental support. Additionally, their refusal to engage in educational endeavors or gainful employment further justifies the request to terminate child support. 3. Supporting Evidence: The joint petition must include substantial evidence supporting the claims made by both parents. This evidence may involve documentation, such as letters or messages demonstrating the child's refusal to return home, proof of their independent living arrangements, and any evidence indicating their lack of participation in education or employment opportunities. 4. Court Hearing: After filing the joint petition, a court hearing will be scheduled. Both parents must be present and prepared to present their arguments and evidence to the judge. The judge will evaluate the situation and determine whether terminating child support is appropriate considering the circumstances presented. 5. Court Decision: The court will make its decision based on what it deems to be in the best interest of the child. Factors such as the child's age, ability to support themselves, past behavior, and educational opportunities will be taken into account. If the court finds that termination of child support is warranted, it will issue an order modifying the divorce decree and terminating the support obligation. It's important to note that while the mentioned circumstances involve a minor child who has left home, is living independently, and refusing education or employment, there may be other specific situations or factors that could warrant a joint petition to modify or amend a divorce decree in Alabama. It is advisable to seek legal counsel to better understand the applicable laws and options available in your specific case.
