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.
The Utah Joint Petition to Modify or Amend Divorce Decree by Terminating Child Support — Minor Left Home, Living Independently, Refuses to Work or Go to School, is a legal recourse available in cases where a minor child has voluntarily left their parent's home, is living independently, and has chosen not to pursue education or employment opportunities. This petition allows the parents, both custodial and non-custodial, to request a modification or termination of child support obligations due to these unique circumstances. In this situation, the parents can jointly file a petition with the Utah family court, presenting compelling evidence to support their claim for terminating child support. It is important to note that this type of petition can only be filed if the child is truly living independently, refuses to be supported by either parent, and exhibits a consistent refusal to work or attend school. When drafting the joint petition, it is crucial to include all the relevant information and provide a comprehensive explanation of the child's situation. The details shared in the joint petition may include but are not limited to: 1. Identification: Begin by clearly stating the full names, addresses, and contact information of both parents, including their respective legal representation, if any. 2. Background information: Describe the divorce decree previously issued by the Utah family court, mentioning the specific child support provisions outlined therein. Include the date of the original divorce decree and any subsequent modifications made to the child support amount. 3. Child's current circumstances: Explain in detail the child's current living situation, emphasizing that they are voluntarily living independently and have chosen not to reside with either parent. Include the child's age, address, and contact information (if known) to demonstrate their independent living arrangements. 4. Refusal to work or attend school: Present evidence that the child has consistently refused to work or attend any educational institution despite reasonable opportunities for employment or education. Include any relevant correspondence, witness statements, or other evidence that substantiates this claim. 5. Financial status: Delve into the child's financial situation, including any sources of income or support the child has access to, such as personal savings, government assistance, or funds from other family members or friends. 6. Future plans: Discuss any plans the child may have expressed regarding their educational or vocational goals, if applicable. If the child has stated that they have no intention of pursuing further education or employment, provide supporting evidence. 7. Relief sought: Clearly state the shared request of both parents to modify or terminate the child support order due to the child's independent living arrangements, refusal to work or attend school, and financial resources. It is essential to consult with an attorney experienced in family law when preparing a joint petition of this nature to ensure all necessary details are included and proper legal procedures are followed. Different types or variations of this petition may exist depending on the specific circumstances and details of the minor child's situation. For example, certain petitions might focus on a minor child who has turned 18, reached the age of majority, or become emancipated, while others might address cases where the child is still a minor but has chosen to live independently.
