Mississippi Motion to Modify or Amend Divorce Decree to Provide for Decrease in Amount of Child Support

• Category: Family Law - Divorce - Child Support - Modifications
• State: Multi-State
• Control #: US-00799BG
• Format: Word; Rich Text

Description

A decree for child support is res judicata only as long as the circumstances remain the same as when the court rendered the decree. The doctrine of res judicata is based on the concept that parties should not call upon a court to adjudicate twice the same set of facts. Therefore, a party generally cannot base a petition to modify an order for child support on the same set of facts that existed when the original order was made. 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.

A Mississippi Motion to Modify or Amend Divorce Decree to Provide for Decrease in Amount of Child Support is a legal document that allows a party involved in a divorce decree to request a reduction in the amount of child support being paid. This motion is typically filed when the paying party's financial situation has significantly changed, making it difficult for them to continue paying the original amount ordered by the court. The Mississippi court system recognizes that individuals' financial circumstances can change over time, and therefore provides a means to adjust child support obligations accordingly. It is important to note that modifying or amending a divorce decree requires valid reasons and supporting evidence to justify the requested decrease in child support. Reasons for filing a Mississippi Motion to Modify or Amend Divorce Decree to Provide for Decrease in Amount of Child Support can include loss of employment, sudden decrease in income, medical reasons, or change in custody arrangements. This motion allows the paying party to bring the new circumstances to the court's attention and request a reduction in child support payments. Various types of Mississippi Motion to Modify or Amend Divorce Decree to Provide for Decrease in Amount of Child Support can be categorized based on the specific circumstances leading to the request: 1. Loss of Employment: If the paying party becomes involuntarily unemployed or experiences a significant reduction in income, they can file a motion stating the change in their financial situation and requesting a modification of the child support amount. 2. Sudden Decrease in Income: This type of motion is applicable when the paying party's income significantly decreases due to various factors such as salary reduction, demotion, or business loss. The motion should include evidence of the change in income and demonstrate the need for a reduction in child support. 3. Medical Reasons: In cases where a paying party experiences unexpected and substantial medical expenses or disability, a motion can be filed to request a decrease in child support payments. Medical records and other pertinent documentation should be provided to support the request. 4. Change in Custody Arrangements: If there has been a significant change in the custody arrangement, such as the child spending more time with the paying party, a motion can be filed to reflect this change in care. This motion would request a decrease in child support payments based on the increased responsibilities of the paying party. When filing a Mississippi Motion to Modify or Amend Divorce Decree to Provide for Decrease in Amount of Child Support, it is essential to consult with a family law attorney who specializes in Mississippi laws. They can guide individuals through the process, ensure all necessary documentation is included, and present a compelling argument to the court on their behalf. Overall, the goal of this motion is to secure a fair and reasonable adjustment in child support obligations that aligns with the current financial situation of the paying party.