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.
A Delaware Motion to Modify or Amend Divorce Decree to Provide for an Increase in the Amount of Child Support refers to a legal document filed by either parent seeking a change in the child support payments initially determined in the divorce agreement. This motion typically arises when there has been a significant change in circumstances affecting the financial responsibilities of one or both parents, ultimately necessitating an adjustment in the child support amount. In Delaware, there are primarily two types of motions related to modifying or amending child support payments: 1. Delaware Motion to Modify Child Support: This motion is filed when a parent seeks to increase or decrease the amount of child support due to substantial changes in their financial situation or the child's needs. Reasons for requesting a modification might include a significant increase or decrease in income, changes in employment status, disability, unexpected medical expenses, or if the child's living arrangements have significantly changed. 2. Delaware Motion to Amend Divorce Decree: This motion is filed when a parent wishes to modify the provisions outlined in the original divorce decree. It encompasses various aspects beyond just the increase in child support, such as custody arrangements, visitation rights, and other child-related matters. However, the focus here is on seeking a modification solely for the purpose of increasing the child support amount. To initiate either motion, the filing party must complete the appropriate paperwork, including a detailed explanation of the substantial change in circumstances warranting the modification. The court will then review the motion and assess whether the change is justifiable and in the best interests of the child. It is crucial to consult with an experienced family law attorney in Delaware who specializes in child support matters before filing these motions, as they can guide you through the complexities of the legal process. Additionally, gathering supporting documents, such as income statements, tax returns, medical bills, and relevant financial records, will strengthen your case. In conclusion, a Delaware Motion to Modify or Amend Divorce Decree to Provide for an Increase in the Amount of Child Support is a legal step taken by parents when they believe a change in circumstances warrants an adjustment in their child support obligations. By following the legally prescribed process, parents can seek a fair and appropriate modification to ensure the best interests of the child are met.
