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.
Illinois 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 Illinois, divorced parents may encounter a situation where their minor child has chosen to leave home, live independently, and refuses to attend school or seek employment. This circumstance often raises questions regarding the continuation of child support payments. In such cases, the Illinois Joint Petition to Modify or Amend Divorce Decree can be filed to terminate child support obligations due to the child's actions. The Joint Petition to Modify or Amend Divorce Decree allows both parents to join together in seeking a modification to the existing divorce decree to terminate child support payments in the given situation. This collaborative approach ensures that both parents are involved in the process and agree to the proposed changes. The petition involves certain key aspects that need to be addressed in order to terminate child support payments. These include: 1. Minor Left Home: The petition must clearly establish that the minor child has voluntarily left the custodial parent's home and is no longer residing there. This proves that the child has chosen to live independently and has taken deliberate steps to establish a separate living arrangement. 2. Independent Living: It is crucial to demonstrate that the minor child has set up an independent living situation, separate from the custodial parent's residence. Providing evidence such as a lease agreement, utility bills in the child's name, or a signed affidavit from a reliable witness can support this claim. 3. Refusal to Work or Attend School: The petition must establish that the minor child has willfully refused to pursue education or gainful employment. This can be demonstrated through documented instances of the child's refusal or through school records indicating unauthorized absences or lack of effort. It is essential to include all relevant information and supporting documentation to strengthen the joint petition. The court will carefully review the details provided to determine whether terminating child support is appropriate in the given circumstances. Different types of Illinois Joint Petition to Modify or Amend Divorce Decree by Terminating Child Support — Minor Left Home, Living Independently, Refuses to Work or Go to School may include variations in the specific circumstances, such as: — Change in the child's situation: If the minor child initially left home but later returns or experiences a change in their independent living arrangement, a modification to the original petition may be required. — Change in financial circumstances: If either parent experiences a significant change in their financial situation, such as a loss of income or unexpected expenses, a modification to the child support payments may be requested separately from the joint petition. In summary, the Illinois Joint Petition to Modify or Amend Divorce Decree by Terminating Child Support is a legal recourse available to parents when their minor child has voluntarily left home, established independent living, and refuses to attend school or work. By filing this joint petition, both parents can seek a modification to terminate child support obligations. It is crucial to provide substantial evidence and documentation to support the joint petition's claims for a successful outcome in court.
