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.
California Joint Petition to Modify or Amend Divorce Decree by Terminating Child Support — Minor Left Home, Living Independently, Refuses to Work or Go to School In the state of California, when a divorced couple has a minor child who has left home to live independently and refuses to work or go to school, they may consider filing a joint petition to modify or amend the existing divorce decree to terminate child support. This legal process allows the parents to request that the court relieve them of their financial obligation to support a child who is no longer dependent on them. Keywords: California, joint petition, modify or amend divorce decree, child support, minor, left home, living independently, refuses to work, refuses to go to school. Types of California Joint Petition to Modify or Amend Divorce Decree by Terminating Child Support — Minor Left Home, Living Independently, Refuses to Work or Go to School: 1. Joint Petition for Modification or Amendment: This type of petition involves both parents coming together to request changes to the existing divorce decree regarding child support. They must provide evidence that the minor child has left home, is living independently, and is unwilling to work or attend school, justifying the termination of child support. 2. Proof of Minor's Independence: When filing the joint petition, the parents must provide substantial evidence to support their claim that the minor child is indeed living independently. This may include presenting documents such as rental agreements, utility bills, bank statements, employment records, or any other proof showing the child's self-sufficiency. 3. Supporting Documentation: Along with the joint petition, parents should include any other relevant documents that strengthen their case for terminating child support. This could include written statements from the child expressing their refusal to work or go to school, or any evidence indicating that the child voluntarily left the parental home. 4. Court Hearing: Once the joint petition is filed, a court hearing will be scheduled. During this hearing, the parents will present their case, including the evidence and documentation they have gathered. It is crucial to be prepared and provide strong arguments to convince the court that child support termination is justified. 5. Legal Assistance: It is highly recommended for parents to seek the guidance of an experienced family law attorney while filing a joint petition to modify or amend a divorce decree. A skilled lawyer can offer valuable advice, help gather the necessary documentation, and represent the parents' interests effectively in court. 6. Consideration of the Child's Best Interest: It is essential to note that the court will always prioritize the best interests of the child when deciding whether to terminate child support. The parents may need to demonstrate that the child's independence is voluntary and not due to neglect or abandonment by either parent. By filing a joint petition to modify or amend the divorce decree, parents in California can request a termination of child support when a minor child has left home, is living independently, and refuses to work or go to school. The process requires careful documentation and a thorough presentation of the circumstances to convince the court that supporting the child financially is no longer necessary.
