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

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Multi-State
Control #:
US-00799BG
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Word; 
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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.
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FAQ

If the other parent asks the court to change the custody, parenting time and/or child support provisions in a judgment, and you do not agree with ALL the requested changes, you must "respond" in WRITING by the deadline specified in the "Order to Show Cause" served upon you, typically 30 days.

Forms and information about your local court are on the Oregon Judicial Department website. You have 30 days following the date you were served with the Petition to file a written Response with the court clerk and pay the filing fee. See page 9 for fee information.

All requests to change an Oregon divorce certificate must be approved by the county court that approved the divorce judgment. To request a correction, use the Oregon County Court Information Finder to find the county contact information for the county that approved the dissolution of marriage .

A modification case is started by filing a motion and affidavit citing the facts you claim are a substantial change in circumstances. You are required to sign the affidavit under oath. The former spouse or other parent is not required to file any response to the motion.

For one parent to change custody or support he or she must show that there has been a substantial change of circumstances since the last custody or support order. The change in custody or parenting time must also be in the best interest of the child.

The Oregon Child Support Program reviews the request and sends notice to the other parent. We will confirm participants' contact and financial information and create a proposed modification to the child support order. This process usually takes about 30 days.

Either ex-spouse can ask the court to modify the order if there is an unexpected change in either spouse's situation. This is called a "change in circumstances." The spousal support order can be increased, lowered, extended, or ended. Legal papers should be filed before the original spousal support order ends.

Steps to Modifying a Current Order for Child Support A parent submits a written request to modify a child support order. ... The Oregon Child Support Program reviews the request and sends notice to the other parent. ... The Oregon Child Support Program serves the proposed modification.

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