Louisiana Motion to Modify or Amend Divorce Decree to Provide for Increase in Amount of Child Support

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Multi-State
Control #:
US-00800BG
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Word; 
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Description

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.

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FAQ

Louisiana bases child support payment amounts off of an income shares model. Using this model, the state will consider certain factors to determine your payments, like you and your co-parent's combined adjusted monthly gross income and how many children you share.

A. Basic principles. The premise of these guidelines as well as the provisions of the Civil Code is that child support is a continuous obligation of both parents, children are entitled to share in the current income of both parents, and children should not be the economic victims of divorce or out-of-wedlock birth.

HB 337 Original 2023 Regular Session Carpenter Abstract: Eliminates the requirement of a minimum child support award. Present law (R.S. 5.14) prohibits a court from setting a child support award below $100 per month except in cases involving shared or split custody or a medically documented disability.

Louisiana Laws - Louisiana State Legislature. A. The total child support obligation shall be determined by adding together the basic child support obligation amount, the net child care costs, the cost of health insurance premiums, extraordinary medical expenses, and other extraordinary expenses.

To change a considered order of custody, you must show two things: There has been a material change in circumstances since the existing custody order. The continuation of the existing order is detrimental to the children, or the benefit to the child of a change in custody outweighs the harm.

It's important to understand that simply having another child does not automatically reduce your child support obligation. However, if your circumstances have changed, it is possible to seek a modification of the child support agreement.

You can go to the Department of Children and Family Services (DCFS) to request a review. DCFS may ask the court to modify the existing child support order. All child support modifications go through the court process. DCFS can help you through the process if you have an existing or open child support case.

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Louisiana Motion to Modify or Amend Divorce Decree to Provide for Increase in Amount of Child Support