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.
A New Hampshire Motion to Modify or Amend Divorce Decree to Provide for an Increase in the Amount of Child Support is a legal request submitted to the court to change the current child support obligations specified in a divorce decree. This motion is applicable when there is a need to adjust the amount of child support payments due to changes in circumstances that affect the financial needs of the child or the financial capabilities of the paying parent. In New Hampshire, there are two main types of motions to modify or amend a divorce decree to increase child support: 1. Substantial Change in Circumstances: This type of motion is filed when there has been a significant change in the parties' circumstances since the original child support order was issued. Such changes can include an increase in the needs of the child, a decrease in the paying parent's income, an increase in the custodial parent's income, or any other factor that affects the financial situation of either party. The courts will consider the best interests of the child when assessing whether a substantial change has occurred. 2. Cost of Living Adjustment (COLA): New Hampshire law allows for an automatic annual adjustment of child support orders called COLA. This COLA adjustment is based on changes in the cost of living as determined by the Consumer Price Index. The motion filed for a COLA increase does not require proving a substantial change in circumstances, as the adjustment is pre-determined by the state. When filing a Motion to Modify or Amend Divorce Decree to Provide for an Increase in Amount of Child Support, it is essential to include relevant information supporting the request. This may involve providing detailed financial documentation, such as income statements, tax returns, and expense reports demonstrating the significant change or explaining the rationale for a COLA adjustment. Additionally, it is crucial to outline the specific reasons why an increase in child support payments is necessary to meet the child's current needs and best interests. Consulting with a qualified family law attorney is highly recommended when seeking a modification or amendment of a divorce decree in New Hampshire. They can guide individuals through the legal process, ensuring accurate documentation, and the inclusion of all necessary information to increase the likelihood of a successful outcome.
