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: Iowa Motion to Modify or Amend Divorce Decree to Provide for Increase in Amount of Child Support Introduction: The Iowa Motion to Modify or Amend Divorce Decree to Provide for an Increase in the Amount of Child Support is a legal process in Iowa that allows either party involved in a divorce to request a change in the existing child support obligations. This motion is filed when there is a need for an upward adjustment of child support payments in order to meet the changing needs of the child or children involved. Keywords: Iowa, Motion to Modify, Amend Divorce Decree, Increase, Child Support Types of Iowa Motions to Modify or Amend Divorce Decree to Provide for Increase in Amount of Child Support: 1. Standard Motion to Modify or Amend Divorce Decree: This type of motion is filed when one party seeks an increase in the amount of child support based on substantial changes in circumstances. These changes could include increased income for the paying party, increased needs of the child, or other factors that affect the child's well-being. 2. Motion to Modify or Amend Divorce Decree for Child Support Review: This motion may be filed when the initial child support order requires automatic review after a certain period of time, typically every two or three years. The requesting party seeks a review of the child support amount to account for changes in income, medical expenses, or other relevant factors. 3. Emergency Motion to Modify or Amend Divorce Decree: An emergency motion is filed in situations where the child's safety or immediate well-being is at risk. This could include cases of neglect or abuse, significant changes in the child's living environment, or other urgent circumstances. The court will consider the urgency of the situation in determining whether to expedite the hearing and increase the child support accordingly. 4. Motion to Modify or Amend Divorce Decree for Cost-of-Living Adjustment: This type of motion is commonly used when the original child support order does not include provisions for annual cost-of-living adjustments (COLA). The requesting party seeks an increase in child support payments to keep up with inflation and changes in the standard of living. Procedure for Filing a Motion to Modify or Amend Divorce Decree for Increase in Amount of Child Support: 1. Research: Before filing the motion, research the Iowa laws and guidelines regarding child support modifications. Familiarize yourself with the factors that courts consider when determining whether an increase in child support is appropriate. 2. Gather Documentation: Gather all relevant documentation to support your case, such as recent financial statements, income tax returns, pay stubs, medical bills, and any other supporting evidence that shows the change in circumstances and the need for an increase in child support. 3. Draft the Motion: Prepare a motion requesting an increase in child support, clearly stating the reasons for the modification and providing the necessary supporting documentation. It is advisable to seek assistance from a family law attorney to ensure the motion is comprehensive and follows the proper legal format. 4. File the Motion: File the motion with the appropriate Iowa family court, paying any required filing fees. Ensure you serve a copy of the motion to the other party or their legal representative, following the necessary guidelines for service. 5. Attend Court Hearings: Attend any scheduled court hearings related to the motion to present your case and provide any additional evidence or testimony requested by the court. The judge will evaluate the evidence and make a decision on whether to grant the increase in child support. Conclusion: The Iowa Motion to Modify or Amend Divorce Decree to Provide for an Increase in the Amount of Child Support allows parties to address changes in circumstances that may require an upward adjustment in child support payments. By filing a motion and providing compelling evidence, individuals can seek to ensure the financial stability and well-being of their children.
