Motion to Modify or Amend Divorce Decree to Provide for Increase in Amount of Child Support
Definition and meaning
The Motion to Modify or Amend Divorce Decree to Provide for Increase in Amount of Child Support is a legal request made to a court by a party seeking to change the terms of an existing divorce decree. Specifically, this motion focuses on adjusting the child support payments due to a change in circumstances, such as an increase in the needs of the child or a change in the financial situation of the parents. This action is initiated to ensure that the child receives appropriate financial support as mandated by the court.
How to complete a form
Completing the Motion to Modify Divorce Decree involves several steps:
- Gather Information: Collect relevant information regarding the current child support amount and the reason for requesting an increase.
- Fill Out the Form: Begin by entering the names of the parties involved, the case number, and the current decree date.
- State the Grounds: Clearly explain the reasons for the modification, backed with evidence if available.
- Sign and Date: The petition must be signed by the moving party or their attorney, along with the date of signing.
Once completed, the form should be filed with the appropriate court.
Who should use this form
This form is suited for individuals who have an existing divorce decree that includes child support provisions and are seeking to increase the amount of child support due to changed circumstances. Typical users include:
- Parents with joint custody of their children.
- Individuals who have experienced a job loss or significant decrease in income.
- Parents whose child's needs have increased due to health or educational requirements.
Key components of the form
The Motion to Modify or Amend Divorce Decree consists of several key components:
- Petitioner's Information: Name and contact information of the petitioner.
- Respondent's Information: Name and contact information of the other parent.
- Case Number: The court-assigned case number for reference.
- Current Child Support Amount: The existing amount of child support being paid.
- Requested Child Support Amount: The new amount being requested.
- Reasons for Modification: Justification for the requested increase.
Legal use and context
The Motion to Modify or Amend Divorce Decree is used in legal contexts where one or both parents experience a change affecting their child support obligations. The legal framework surrounding child support requires that payments reflect the financial realities and needs of the child. Courts typically grant modifications if there is substantial evidence showing that the circumstances of the parties have changed since the original decree. Adhering to state laws and guidelines is critical when filing this motion.
Common mistakes to avoid when using this form
When filing a Motion to Modify or Amend Divorce Decree, individuals should be cautious to avoid several common mistakes:
- Incomplete Information: Ensure all fields are filled out completely and accurately.
- Insufficient Evidence: Provide adequate documentation to support the claim for increased support.
- Missing Signatures: Forgetting to sign the form can lead to delays or rejection.
- Filing in the Wrong Court: Ensure that the motion is filed in the court that originally handled the divorce case.
Form popularity
FAQ
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.
Easy way: Go through the Texas child support review process (CSRP). If you and the other party can see your way to an agreement in how to change the court order, going through the CSRP will be a faster means of getting your child support modified. Hard way: Go to court.
To request a child support modification review from your local child support office, you must complete the Modification Review Questionnaire, Notice of Legal Representation, and Financial Statement (all of which are contained in this packet), and send them along with the additional documentation requested to the
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.
After you complete your motion, you must file it with the court.You must then serve (mail) a copy of your filed motion (including all exhibits and the date, time, and place of hearing) to all other parties in the case. If a party is represented by an attorney, mail the motion directly to the attorney's office.
NOTE: To Party responding to a Motion to Modify Parenting Time: If you disagree with this Motion, Colorado Rules of Civil Procedure allow you to file a written response with the Court that must be filed within 21 days of the date this Motion was served on you or mailed to you.
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.
1Easy way: Go through the Texas child support review process (CSRP). If you and the other party can see your way to an agreement in how to change the court order, going through the CSRP will be a faster means of getting your child support modified.2Hard way: Go to court.
1Fill out your court forms.2Have your forms reviewed.3Make at least 2 copies of all your forms.4File your forms with the court clerk.5Get your court date.6Serve your papers on the other parent (and the LCSA if involved)7File your proof of service.8Go to your court hearing.