This form is a generic pleading and 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 for illustrative purposes only. Local laws should be consulted to determine any specific requirements for such a form in a particular jurisdiction.
Petition to Modify or Amend Divorce Decree Stopping Child Support on the Grounds that Respondent Interfered with Visitation Rights and Child is Now an Adult
Category:
State:
Multi-State
Control #:
US-01896BG
Format:
Word;
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Instant download
Description
Definition and meaning
The Petition to Modify or Amend Divorce Decree Stopping Child Support is a legal document filed by a petitioner seeking to change an existing divorce decree. This petition addresses the cessation of child support payments based on claims that the respondent has interfered with the petitioner’s visitation rights, and it acknowledges that the child is now an adult. The form is essential for individuals who wish to formally request changes in their legal obligations related to child support as circumstances have changed.
How to complete a form
When filling out the Petition to Modify or Amend Divorce Decree, follow these steps:
- Provide your full name and contact information as the petitioner.
- Include the full name and contact information of the respondent.
- Specify the date of the original divorce decree.
- Clearly state the reasons for the modification, including specific instances of visitation interference.
- Indicate the current status of the child, confirming their emancipation.
Make sure to review your petition for accuracy and completeness before submission.
Who should use this form
This form is intended for individuals who have a finalized divorce decree that includes child support provisions. If you are a petitioner seeking to stop child support payments due to the child now being an adult and the respondent’s interference with your visitation rights, this form is appropriate for your needs.
Key components of the form
The Petition to Modify or Amend Divorce Decree includes several critical sections:
- Petitioner and respondent information: Names and addresses of both parties.
- Details of the original decree: Date of issuance and terms pertaining to custody and support.
- Allegations of interference: Specific examples of how visitation rights were obstructed.
- Current status of the child: Confirmation of the child’s age and independence.
- Requested changes: Clear request for termination of child support.
Benefits of using this form online
Utilizing the Petition to Modify or Amend Divorce Decree online has several advantages, including:
- Accessibility: You can complete the form at your convenience, avoiding time constraints often present with in-person visits.
- Guidance: Online platforms often provide prompts and explanations to assist users in understanding each section.
- Storage: Easily save your progress and ensure that you can revisit or edit your form as needed before submission.
Common mistakes to avoid when using this form
To enhance the likelihood of successful petition approval, be mindful of the following common errors:
- Omitting critical information, such as the date of the original decree.
- Failure to provide specific examples of visitation interference.
- Incorrect spelling of names or addresses.
- Not properly signing or dating the petition.
What to expect during notarization or witnessing
When your petition is complete, it may require notarization. During this process, expect the following:
- Identification: You will need to provide valid identification to the notary.
- Signature: You will sign the document in the presence of the notary.
- Notary's seal: After witnessing your signature, the notary will add their official seal to validate the document.
This step ensures that your petition is recognized legally and can be filed with the court.
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FAQ
Thus, the requesting party must show that a change is justified. Common substantial changes in circumstances may include: a loss or gain of employment, a sudden change in either party's finances, a relocation of the parties or children, a death, a change in the child's wishes, etc.
Child Support Modifications Aren't (Usually) Retroactive For the most part, modifications made to child support orders only go back to the date the request for the change was filed.In most cases, the court will only consider changing the child support order back to the date you filed the motion to modify.
14-10-115(7)(a)(II)(D) provides for a minimum support obligation applies unless both parents have at least 93 overnights. The monthly obligation is: $50 for 1 child. $70 for 2 children.
There is no limit in Colorado for child support enforcement unless the arrears are reduced to judgment by the court. In this case, the regular Statute of Limitations for a judgment applies.
Modifying Child Support Without Going to Court It is possible to have your child support order modified without having to go to court--but only in very limited circumstances. Some judges include a Cost of Living Adjustment (COLA) clause in all of the child support orders they issue.
You must submit your child support order modification request in writing to the Child Support Enforcement Unit in your county. You must sign the request. Your request must also include a Sworn Financial Statement (or Income and Expense Affidavit) that gives details about your debts, assets, and income.
There is no limit to how often your financial circumstances can change; thus, you can adjust your child support order as often as necessary. Your request will only be accepted if your change in circumstances is substantial, resulting in the child support order decreasing or increasing by at least 10 percent.