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.
Louisiana 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 Louisiana, a joint petition to modify or amend a divorce decree can be filed by parents seeking to terminate child support in cases where the minor child has left home, is living independently, and refuses to work or attend school. This type of petition recognizes the change in circumstances and requests the court to modify the existing child support order accordingly. When considering this specific situation, it is crucial to understand the legal process and the various types of joint petitions that can be filed. 1. Louisiana Joint Petition to Modify or Amend Divorce Decree by Terminating Child Support — Minor Left Home, Living Independently, Refuses to Work or Go to School: This type of joint petition applies when the minor child has voluntarily left the custodial parent's home, is living independently (with or without parental consent), and is refusing to pursue education or employment opportunities. Key Factors: — Minor child's voluntary departure: The child's departure from the custodial parent's home must be voluntary and not due to any forced or disputed circumstances. — Independent living arrangements: The child must have established their own living arrangements, such as residing with friends, roommates, or other family members. — Refusal to work or attend school: The child must be willfully refusing to seek employment or pursue education without any valid reasons or extenuating circumstances. 2. Louisiana Joint Petition to Modify or Amend Divorce Decree by Temporarily Suspending Child Support — Minor Left Home for a Temporary Period: If the child's absence from the custodial parent's home is temporary and not accompanied by independent living or refusal to work or go to school, this type of joint petition may be applicable. It seeks to temporarily suspend child support payments until the child returns to the custodial parent's home. Key Factors: — Temporary absence: The child's absence should have a specific time frame and cannot be considered as establishing an independent or permanent living arrangement. — No refusal to work or attend school: The child's temporary absence should not be accompanied by a refusal to engage in education or employment opportunities. Filing the Joint Petition: To initiate this process, both parents must jointly file a petition in the Louisiana family court that issued the original divorce decree. This petition should include detailed information about the child's circumstances, reasons for seeking modification, and any supporting evidence, such as statements from the child or witnesses. The court will schedule a hearing to evaluate the merits of the petition and to determine if modification or termination of child support is appropriate. During the hearing, both parents may present their arguments, supporting evidence, and any relevant documentation. It is essential to consult with an attorney experienced in Louisiana family law to ensure compliance with the specific legal requirements and to present a compelling case in court.
