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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Arkansas allows changes to custody orders if there has been a material change in circumstances warranting an amendment to the order in whole or in part. There are no strict guidelines about what a material change in circumstances is, but usually requires a change in the household situation impacting the children.
Either parent may request a modification for child support. A written request for changes can be filed with the clerk of court, a hearing set, and a judge can choose whether or not to approve the requested changes. All modifications must be made and signed by a judge. Courts do not take or make modifications lightly.
Under Arkansas law, a modification to a divorce decree requires a material change of circumstances. These cannot be changes that occur in the normal course of life, like relocation, remarriage or new siblings. Material changes are often limited to those that involve criminal activity by a parent or new step-parent.
Divorced parents have the right to remarry and have more children. However, if you have additional children, you generally won't be able to use that fact to lower your child support obligation. Having more children means you are voluntarily taking on the risk of more financial obligations.
Ask for a support modification You could ask the court to modify the support order if you have proof there have been significant changes that impact your ability to pay support. This includes changes in income, expenses and parenting time. Be sure to report any changes in your income immediately.
Arkansas has recently updated its method of calculating child support obligations through Administrative Order No. 10. The previous method only considered the income of the non-custodial parent, but the new ?income-sharing? model takes into account the income of both parents.
In Arkansas, all changes to child support orders must be signed by a judge. OCSE provides services that include changing an order if it's appropriate. To avoid unnecessary legal fees, OCSE does what we call a review before beginning the legal process.
How to change a child custody agreement. Under Arkansas law either parent can file a petition to modify the existing child custody agreement. The petition then has to be served on the other parent. The other parent is then given time to respond before a court hearing is set.
