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: California Motion to Modify or Amend Divorce Decree to Provide for Increase in Amount of Child Support Keywords: California, motion to modify, amend divorce decree, increase in child support, child support modification, legal process, court procedure, support modification types Introduction: When parents encounter changes in circumstances that affect the financial well-being of their children, they may need to seek a motion to modify or amend their divorce decree, specifically to increase the amount of child support. This article explores the details of California's legal process, requirements, and different types of motions available to parents seeking a support modification. I. Understanding California Motion to Modify or Amend Divorce Decree: A motion to modify or amend a divorce decree in California is a legal procedure used by parents to request an increase in child support payments. It is initiated when a significant change in circumstances occurs, warranting a reconsideration of the child support amount set in the original decree. II. Requirements for a Motion to Modify or Amend Divorce Decree: To proceed with a motion to modify or amend a divorce decree, certain requirements must be met. These may include: 1. Substantial Change: The requesting party must demonstrate a substantial change in circumstances since the last child support order was issued. 2. Material Facts: Clear evidence of material facts and supporting documentation must be provided to substantiate the need for a modification. 3. Timely Filing: The motion must be filed within the appropriate time frame, usually after a significant change occurs. 4. Notice to the Other Party: Both parents should be notified of the motion, providing them an opportunity to participate in the process. III. Types of California Motion to Modify or Amend Divorce Decree: 1. Temporary Child Support Modification: This type of motion seeks a temporary increase in child support due to a temporary change in circumstances, such as medical emergencies or job loss, which may impact the children's financial needs. 2. Permanent Child Support Modification: This motion is filed when a permanent change occurs, demanding a long-term adjustment in child support payments due to a substantial change in income, changes in custody, or other relevant factors. 3. Retroactive Child Support Modification: If the party requesting the modification can prove that the increased child support should have been implemented in the past, they may file this motion to recover the unpaid support retroactively. Conclusion: When changes in circumstances arise, jeopardizing the financial stability of children involved in a divorce, California provides a legal avenue for parents to seek a motion to modify or amend their divorce decree, aiming to increase child support payments. Understanding the requirements and different types of support modification motions empowers parents to navigate the process effectively and ensure the best interests of their children are served.
