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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Arkansas has recently updated its method of calculating child support obligations through Administrative Order No. 10. The previous method only considered the income of the non-custodial parent, but the new ?income-sharing? model takes into account the income of both parents.
Continued contempt of court for parents who fail to pay child support may escalate the consequences from a civil arrest warrant to: A criminal warrant if the defendant owes $2,500 or more in unpaid child support. Felony charges and up to 2 years in prison for $10,000 or more in unpaid child support.
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.
You will need to file a motion asking the court to grant your request for a modification. To that you'll need to attach a copy of the court order you want to change, a copy of a prior and current case information statement or statements, supporting affidavits (sworn statements) and briefs (legal arguments).
You and your spouse can amend your MSA after it is filed with the court if you both agree that a change is appropriate. In this case, you may consider attending mediation before either of you files a modification request in court. If one of you disagrees, the other can file a motion in court asking for a modification.
The Application/Cross Application to Modify a Court Order is a written request in which you ask the court to change or enforce an existing court order. The court will change an order only if important facts or circumstances have changed from the time the order was issued.
The best course of action is to ask the court for an order modification (more below). The only guaranteed ways for support to end are if parents get back together or the child becomes legally independent based on age (usually 18) or via emancipation, marriage or joining the military.
Filing a Motion: If you need to change or enforce the court order in your divorce, you must file a motion with the same court that issued the court order. A motion is a written request asking the court to change something in the order or make the other party comply with the terms of the order.
File a Criminal Abandonment Warrant. If the other parent does not pay any support for more than 30 days, he or she can be charged with abandonment. Contact the Clerk of Courts in your county to find out how to file these charges. If the other parent is found guilty, he or she may be placed in jail.
