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.
Oregon Motion to Modify or Amend Divorce Decree to Provide for Increase in Amount of Child Support
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US-00800BG
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How to fill out Motion To Modify Or Amend Divorce Decree To Provide For Increase In Amount Of Child Support?
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FAQ
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.
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 .
If you are current in paying your support, the amount that can be withheld from your wages is the monthly support amount, but only up to a maximum of 50% of your take-home pay (up to 60% in some cases, if a court agrees after a hearing).
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.
Is there a limit to the amount of money that can be taken from my paycheck for child support? 50 percent of disposable income if an obligated parent has a second family. 60 percent if there is no second family.
NOTE: Requests for modification of child support may only be made to the Oregon Child Support Program under certain circumstances; for example, if it has been at least 36 months (3 years) since the date the support order was entered or last modified; or there has been a substantial change of circumstances.
The Child Support Program also has the power to re-examine a child support order every 3 years to see if it still meets the Oregon guidelines, even if there has not been a substantial change of circumstance.
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.