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.
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A Motion to Modify Child Support (CAFC102) form is the pleading filed with the court to make changes in the best interest of your child. Changes to the schedule of parenting time (visitation) may be anticipated as a child grows, goes to school, and engages in more extra-curricular activities.
Ask for a support modification You could ask the court to modify the support order if you have proof there have been significant changes that impact your ability to pay support. This includes changes in income, expenses and parenting time. Be sure to report any changes in your income immediately.
The new custody law in Missouri sets forth a rebuttable presumption that an award of equal, or nearly equal, parenting time is in the best interests of the child.
A Judgment of Dissolution of Marriage cannot be set aside. After 90 days have passed from the date the Judgment of Legal Separation was signed by the judge, either party may file a motion with the court to convert the Judgment of Legal Separation into a Judgment of Dissolution of Marriage.
Appealing Your Divorce Judgment It is unusual, but not impossible, for an appeals court to overturn the lower court judge's decision. An appeal is limited to significant errors that occurred during the trial. This could be an error of fact or law or an abuse of discretion by the judge.
If you need to file an appeal or if the other spouse files an appeal you will need the assistance of a lawyer. An appeal involves filing a legal brief about legal errors in the case. The procedural rule and time deadlines are very strict.
One party can ask the court to change the order, or the parties can enter into an agreement to the modification of decrees. In Missouri, child custody orders (unless designated "nonmodifiable") can always be modified if certain requirements are met.
If you believe your existing divorce judgment is unfair due to changed circumstances, you can seek a modification. Maybe you were fired, retired, or even remarried since the date of your judgment. Maybe you've experienced health problems or suffered through a major life event, resulting in an income reduction.
