Motion to Modify or Amend Divorce Decree to Provide for Decrease in Amount of Child Support
What is this form?
The Motion to Modify or Amend Divorce Decree to Provide for Decrease in Amount of Child Support is a legal document used to request a change in the child support payments outlined in a divorce decree. This form is essential for individuals who have experienced a significant change in circumstances that justifies a reduction in their financial obligations towards child support. Unlike a standard child support agreement, this motion specifically addresses the need for modifications based on new, relevant facts rather than the original circumstances of the case.
Key parts of this document
- Title and case number to identify the parties involved.
- Petitioner's request for a reduction in child support payments.
- Grounds for modification, supported by an affidavit detailing changed circumstances.
- Signature section for the petitioner and their attorney, including the attorney's State Bar number.
- Certificate of service to confirm delivery of the motion to the other party's counsel.
When to use this form
This form should be used when there has been a substantial change in the financial situation of the parent paying child support since the original decree was issued. Examples include job loss, reduced income, changes in living expenses, or other relevant factors that justify a decrease in the child support amount.
Who needs this form
This form is intended for:
- Parents seeking to modify existing child support orders due to changes in their financial situation.
- Individuals who have previously agreed to child support terms but can no longer meet those financial obligations.
- Those who wish to formally request a reduction in child support payments through the court system.
Completing this form step by step
- Identify the parties involved and enter the case number at the top of the form.
- Clearly state your request for a decrease in child support specifying the current and proposed amounts.
- Provide details supporting your request, attaching an affidavit that outlines the changes in circumstances.
- Ensure the form is signed by you and your attorney, including their professional details.
- Complete the certificate of service section to confirm that the other party has been notified about your motion.
Notarization guidance
Notarization is generally not required for this form. However, certain states or situations might demand it. You can complete notarization online through US Legal Forms, powered by Notarize, using a verified video call available anytime.
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Make edits, fill in missing information, and update formatting in US Legal Forms—just like you would in MS Word.
Download a copy, print it, send it by email, or mail it via USPS—whatever works best for your next step.
Sign and collect signatures with our SignNow integration. Send to multiple recipients, set reminders, and more. Go Premium to unlock E-Sign.
If this form requires notarization, complete it online through a secure video call—no need to meet a notary in person or wait for an appointment.
We protect your documents and personal data by following strict security and privacy standards.
Common mistakes
- Failing to attach the required affidavit outlining changed circumstances.
- Neglecting to provide accurate financial information to support the request.
- Not serving the motion to the other party properly, which can delay the process.
- Missing signatures or not including the attorney's details when represented.
Why complete this form online
- Convenient access to templates that are easy to download and customize from anywhere.
- Editability allows users to modify the document to fit their specific needs quickly.
- Reliable legal language drafted by licensed attorneys to ensure adherence to legal standards.
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FAQ
You have to show that there has been a change in circumstances since the last child support order was made. If the parties signed a written stipulation (agreement), which was approved and signed by the judge, to a child support amount below the guideline amount, you can ask to change that amount at any time.
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).
This means that at a child support hearing or a child support modification hearing, both parties will need to present evidence about their current income levels and financial status. This evidence can be documentation including tax returns and pay stubs. The court will also need to see a copy of the custody agreement.
Decrease in Income. If one parent loses their job, he or she may be unable to meet child support obligations. Increase in Income. New Expenses for the Child or Change in the Child's Residence. New Family Responsibilities for the Parent. Cost of Living Adjustment Clauses.
The only way to legally reduce your child support payment under New Jersey law is to file a motion with the family court and to request a reduction/modification of the child support order.
The only way to legally reduce your child support payment under New Jersey law is to file a motion with the family court and to request a reduction/modification of the child support order.
Fill out your court forms. Have your forms reviewed. Make at least 2 copies of all your forms. File your forms with the court clerk. Serve your papers on the other parent. File your Proof of Service. Go to your court hearing.
A request for a change is made by filing a "motion to modify" the divorce decree or judgment. This motion is usually filed with the same court where the divorce judgment was issued.When drafting your motion to modify you must demonstrate changed circumstances that make a change warranted.
Both parents will need to agree to either modify or terminate the child support order.If no such relationship exists, the non-custodial parent will need to request approval from the court to stop making the child support payments. They will need to petition the court to modify the child support order.
