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.
The Michigan Joint Petition to Modify or Amend Divorce Decree by Terminating Child Support is a legal document used in the state of Michigan to request the termination of child support obligations when a minor child has left home, is living independently, and refuses to work or go to school. This petition is filed by both parents jointly and aims to modify the existing divorce decree by eliminating the child support obligation. Here are some details regarding this petition: 1. Purpose: The purpose of this joint petition is to bring attention to the changed circumstances of the child's living situation, where they have left home, are living independently, and are refusing to work or go to school. It seeks to terminate the child support obligation, as the child no longer requires financial support from their parents. 2. Filing Process: The petitioners, usually both parents, must file the Michigan Joint Petition to Modify or Amend Divorce Decree by Terminating Child Support with the family court that issued the original divorce decree. The court will review the petition to determine if it meets the necessary requirements for modification or termination of child support obligations. 3. Requirements for Filing: To successfully file this joint petition, certain criteria must be met. These include: a. Minor Child's Circumstances: The child in question must be a minor who has left home, is living independently, and refusing to work or go to school. The child's living situation and actions are central to justifying the request for termination of child support. b. Joint Filing: The petition must be filed jointly by both parents. This indicates that both parties agree to the termination of child support. c. Financial Responsibility: The petitioners need to show that the child has the ability to support themselves financially and is no longer dependent on the financial assistance of their parents. 4. Supporting Documentation: When filing the joint petition, it is crucial to include supporting documentation to strengthen the case. This may include: a. Proof of the child's independent living arrangements, such as rental agreements, utility bills, or evidence of their own place of residence. b. Affidavits or testimonies from individuals who know about the child's circumstances and can attest to their refusal to work or attend school. c. Financial records demonstrating the child's financial independence or personal income. 5. Court Decision: Once the petition is filed, the court will review the case and make a decision based on the presented evidence. If the judge finds that the child meets the criteria for termination of child support, an amended divorce decree will be issued, officially terminating the child support obligation. Different variations of the Michigan Joint Petition to Modify or Amend Divorce Decree by Terminating Child Support may exist, depending on specific factors or circumstances of the case, such as the child's age, mental or physical capabilities, or unique situations that warrant a tailored modification. However, the core purpose remains the same — seeking the termination of child support obligations when a minor child has left home, is living independently, and refuses to work or go to school.
