Oregon 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.

Title: Oregon Motion to Modify or Amend Divorce Decree to Provide for Decrease in Amount of Child Support: Explained Introduction: In Oregon, when circumstances change substantially after a divorce decree is issued, it is possible to seek a modification or amendment to decrease the amount of child support. This article provides a detailed description of Oregon's motion to modify or amend a divorce decree, focusing on the different types and key considerations involved. 1. Types of Oregon Motion to Modify or Amend Divorce Decree to Decrease Child Support: a. Motion to Modify based on Financial Hardship: This type of motion is filed when a parent experiences a significant decrease in income or financial hardship, rendering the current child support obligations unaffordable. Required documentation includes proof of the changed circumstances and a proposed revised child support amount based on the updated financial situation. b. Motion to Modify based on Change in Child's Needs: If there has been a substantial change in the child's needs, such as medical expenses or educational costs not previously considered, this motion type can be filed to adjust the child support. The petitioner must provide necessary evidence regarding the increase in the child's expenses and how it impacts their financial capabilities. c. Motion to Modify based on Change in Custody Arrangements: When there is a change in custody arrangements, such as a parent gaining or losing substantial parenting time, a motion can be filed to reflect this change in the child support obligations. This motion requires detailed documentation of the new custody arrangement and its impact on the child's well-being. d. Motion to Amend based on Error or Mistake in Calculation: If a mistake has been made during the initial child support calculation resulting in an incorrect support amount, a motion to amend can be pursued. It is vital to provide clear evidence of the error and present the correct calculations to support the desired adjustment. 2. Process for Filing an Oregon Motion to Modify or Amend Divorce Decree to Decrease Child Support: a. Gathering Relevant Documentation: Collect financial records, proof of changed circumstances, information about the child's needs (if applicable), and any supporting evidence confirming the need for a decrease in child support. b. Preparing the Motion: Draft a comprehensive motion explaining the reasons for seeking a child support modification, including specific details about the change in circumstances, financial difficulties, increased expenses, change in custody arrangement, or incorrect calculations. c. Filing the Motion: File the completed motion with the appropriate court, following the court's rules and procedures for submitting motions and paying any associated fees. Remember to keep a copy for personal records. d. Serve the Opposing Party: Deliver a legally required copy of the motion and any supporting documents to the opposing party, adhering to the court's guidelines for proper service. Keep proof of service for the court's records. e. Attending the Hearing: If the opposing party contests or disagrees with the motion, a hearing may be scheduled. Ensure to prepare compelling arguments, bring all necessary documents, and present the case effectively. Conclusion: Navigating the process of a motion to modify or amend an Oregon divorce decree to decrease child support requires careful consideration of the different types of motions and the relevant documentation. By accurately presenting the current circumstances and supporting evidence, individuals can seek appropriate adjustments to ensure child support obligations align with the best interests of all parties involved.