Motion to Modify or Amend Divorce Decree to Provide for Decrease in Amount of Child Support
Definition and meaning
A Motion to Modify or Amend Divorce Decree to Provide for Decrease in Amount of Child Support is a legal document filed by a parent seeking a reduction in child support payments established in a divorce decree. This motion can arise when there has been a change in circumstances for either parent that warrants a review of the child support obligations.
How to complete a form
Filling out the Motion to Modify or Amend Divorce Decree is straightforward. Here are the steps you need to follow:
- Begin with the court's title, including the name of the court and the county.
- List the case number and the names of both parties involved.
- Clearly identify yourself as the Petitioner and specify the date of the original decree.
- State your request for a modification of child support payments.
- Attach an affidavit detailing the reasons for the modification request.
- Sign and date the form, and ensure it is notarized if required by your state.
Who should use this form
This form is intended for individuals who have been granted a divorce decree that includes child support obligations. It is particularly relevant for parents experiencing financial difficulties or significant life changes, such as job loss or reduced income, which may justify a decrease in child support payments.
Common mistakes to avoid when using this form
When filling out a Motion to Modify or Amend Divorce Decree, be cautious of the following common mistakes:
- Failing to provide a detailed affidavit explaining the change in circumstances.
- Not including the correct case number or court information.
- Neglecting to sign the form or obtain necessary notarization.
- Missing deadlines for filing the motion.
Key components of the form
The Motion to Modify or Amend Divorce Decree typically includes the following components:
- The title of the court and case details.
- The petitioner's name and relationship to the child.
- The specific amount of child support currently ordered and the amount proposed for modification.
- An explanation of the changed circumstances justifying the modification.
- Signature of the petitioner and attorney, if applicable.
Form popularity
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.