Connecticut Motion to Modify or Amend Divorce Decree to Provide for Decrease in Amount of Child Support
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How to fill out Motion To Modify Or Amend Divorce Decree To Provide For Decrease In Amount Of Child Support?
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FAQ
Even if both parents agree, child support cannot be waived. Regardless of the wishes of either parent, Connecticut will calculate and order child support payments until a child reaches the age of 19, graduates high school, or becomes emancipated, whichever occurs first.
If you're a paying parent, you cannot simply stop paying or reduce child support. You can, however, apply for a Post Judgment modification. Generally speaking, if your child lives in Connecticut, you can request that a Connecticut court change the order.
In Connecticut, you can only obtain a modification if there has been a substantial and material change of circumstances. As explained by the State of Connecticut Judicial Branch, the party seeking a modification of a previous agreement/judgment must file a Motion for Modification.
Usually, the duty to support created by a child support order ends when the child is 18 years old. However, this may vary from state to state. For example, in Connecticut, the duty to support may go to age 19 if the child is still in high school.
The Connecticut theory is that a child should receive the same proportion of parental income as he or she would have received if the parents lived together. In other words, even when parents have joint custody, there may be child support moving from the higher-earning parent to the lower-earning parent.
To terminate child support, you must file a motion with the court and ask the court to complete the order. The court will consider all relevant factors, including the child's needs, the parents' incomes, and the parent's ability to support the child.
In Connecticut, like with most states, a non-custodial parent's child support obligation is calculated as a percentage of their total income compared to the needs of the child. Generally, this is 23% of your net weekly income for 1 child, 32% of your pay for 2 children, and 39% of your pay for 3 children.
To file a motion for Modification you have to fill out the following 2 forms: Motion for Modification (JD-FM-174) Appearance (JD-CL-12) if you have not already filed one with the court - (How-To Slidecast)