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.
South Dakota Joint Petition to Modify or Amend Divorce Decree by Terminating Child Support — Minor Left Home, Living Independently, Refuses to Work or Go to School If you are a divorced parent in South Dakota facing the challenging situation of having a minor child who has left home, is living independently, and refuses to work or go to school, it may be necessary to file a Joint Petition to Modify or Amend your Divorce Decree. This legal process allows you to address the changing circumstances and request the termination of child support obligations. 1. Understanding the Joint Petition Process: The Joint Petition to Modify or Amend Divorce Decree is a legal document filed by both parents jointly, seeking to modify an existing child support order due to significant changes in the child's circumstances. In this case, the child in question has voluntarily left the parent's home, is living independently, and is unwilling to work or pursue education, which may warrant a termination of child support. 2. Filing the Joint Petition: To begin the process, both parents need to complete and sign the Joint Petition form. This document requires specific information about the child, including their name, age, current living situation, and reasons for requesting the termination of child support. It is crucial to provide detailed evidence and supporting documents showcasing the child's independent living arrangements and refusal to contribute to their own support. 3. Supporting Documentation: When filing the Joint Petition, it is essential to include supporting documentation to substantiate your claims. This may include: — Affidavits: Sworn statements from relevant parties such as the parents, the child (if possible), or witnesses who can attest to the child's independent living situation and refusal to work or attend school. — Proof of Independence: Documents showing that the child is living on their own, such as a lease agreement, utility bills, or bank statements in the child's name, to establish that they are no longer dependent on parental support. — Communication Records: Any documented attempts made by the parents to encourage the child to work or attend school, as well as records of the child's responses or lack thereof. — School and Employment Records: If available, include any records indicating the child's refusal to attend school or work. This might include attendance reports, disciplinary records, or termination letters from previous employers. 4. Filing and Serving the Petition: Once the Joint Petition, along with the supporting documentation, is completed, it must be filed with the appropriate South Dakota family court. Additionally, copies of the petition and supporting documents must be served to the other parent, who should also sign the Joint Petition. Serving the petition ensures both parents are aware of the proceedings and have an opportunity to respond. 5. Attending the Court Hearing: After the petition has been filed and served, a court hearing will be scheduled. During the hearing, both parents will have the chance to present their arguments and any additional evidence supporting their case. The court will consider the best interests of the child and determine whether terminating child support is appropriate in this specific situation. Remember, South Dakota laws regarding child support modification can be complex, and it is advisable to consult with a family law attorney who specializes in divorce and child custody matters to ensure you follow the correct legal procedures and present a strong case. Other types of South Dakota Joint Petitions to Modify or Amend Divorce Decree may include requests for changes in custody arrangements, visitation rights, or modifications to the child support amount due to significant changes in income or financial circumstances.
