District of Columbia Motion to Modify or Amend Divorce Decree to Provide for Decrease in Amount of Child Support

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A decree for child support is res judicata only as long as the circumstances remain the same as when the court rendered the decree. The doctrine of res judicata is based on the concept that parties should not call upon a court to adjudicate twice the same set of facts. Therefore, a party generally cannot base a petition to modify an order for child support on the same set of facts that existed when the original order was made. 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.
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FAQ

The statute of limitations for child support debts in the District of Columbia is 12 years. After that time, ?the judgment . . . shall cease to have any operation or effect? and is no longer enforceable ?except in the case of a proceeding that may be then pending for the enforcement of the judgment.?

(v)(1) When a case is brought to establish child support, the judicial officer may award retroactive child support for a period not to exceed the 24 months preceding the filing of the petition or request for child support, unless the parent to whom support is owed proves that the parent with a legal duty to pay support ...

In D.C., the duty to provide child support lasts until the child is 21 unless the child is emancipated. Emancipation can happen before age 21 if the child gets married, joins the military, or becomes self-supporting. The emancipation age is set by the state that issued the first child support order.

Court Orders to Collect Child Support Together, the judge and CDU can: withhold income from a delinquent parent's paychecks as soon as a parent is 30 days behind. place liens on real or personal property owned by a delinquent parent.

How to file a motion to modify: A parent may contact the CSSD Enforcement Unit at (202) 442-9700, #4 or (202) 724-2316 to speak with the case management specialist assigned to the case. A parent also may contact the DC Superior Court Self-Help Center at (202) 879-0096 for additional information.

Either parent can file a motion to modify child support, asking the court to increase, decrease, suspend (stop for a period of time) or terminate (end altogether) the child support order.

(n) The child support obligation, including additions for health insurance premiums, extraordinary medical expenses, and child care expenses, shall not exceed 35% of the adjusted gross income of the parent with a legal duty to pay support.

Washington D.C.'s standard statute of limitations period is three years. There are different exceptions for certain causes of action and where otherwise established by law, however. Cases to recover lands, tenements, or hereditaments can be filed up to fifteen years after the underlying action occurs.

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District of Columbia Motion to Modify or Amend Divorce Decree to Provide for Decrease in Amount of Child Support