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.
Title: Virginia Joint Petition to Modify or Amend Divorce Decree by Terminating Child Support — Child Living Independently, Refusing to Work or Attend School Introduction: A Virginia Joint Petition to Modify or Amend Divorce Decree allows parents to request changes to existing child support orders, especially in situations where a minor child has left home, is living independently, and refuses to work or attend school. By filing this petition, parents aim to terminate the obligation for ongoing child support payments related to a child who is no longer financially dependent. This article explains the process, requirements, and alternative options available in Virginia for modifying or terminating child support in such cases. Key Points: 1. Understanding the Virginia Joint Petition to Modify or Amend Divorce Decree: — Definition and purpose of the joint petition — Importance of demonstrating substantial change in circumstances 2. Filing the Joint Petition: — Providing necessary documentation, evidence, and forms — Fulfilling the jurisdiction and time requirements — Consulting with an attorney for guidance and assistance 3. Grounds for Terminating Child Support: — Child living independently and self-sustaining — Child's refusal to work or attend school — Assessing the child's financial independence and self-supporting capabilities 4. Evaluation by the Court: — The judge's role in examining the petition and deciding if modification is justified — Factors taken into consideration, such as the child's age, education, employability, and opportunities for self-support 5. Available Options: — Communicating and reaching an agreement with the other parent outside of court — Pursuing mediation or alternative dispute resolution methods — Seeking enforcement of child support through the court or enforcing visitation rights instead Types of Virginia Joint Petitions: 1. Joint Petition to Modify or Amend Divorce Decree by Terminating Child Support: — Minor left home, living independently, refuses to work or go to school. 2. Joint Petition to Modify or Amend Divorce Decree by Terminating Alimony: — Minor left home, living independently, refuses to work or go to school, but alimony is still being paid. Conclusion: A Virginia Joint Petition to Modify or Amend Divorce Decree is a legal recourse for parents seeking to terminate child support obligations when their minor child has left home, is living independently, and refuses to work or attend school. However, it is crucial to consult with a family law attorney to follow the correct procedures and build a strong case based on the child's present circumstances and financial independence.
