Virgin Islands Motion to Modify or Amend Divorce Decree to Provide for Decrease in Amount of Child Support

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Multi-State
Control #:
US-00799BG
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Word; 
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Description

A decree for child support is res judicata only as long as the circumstances remain the same as when the court rendered the decree. The doctrine of res judicata is based on the concept that parties should not call upon a court to adjudicate twice the same set of facts. Therefore, a party generally cannot base a petition to modify an order for child support on the same set of facts that existed when the original order was made. To justify a modification of a child support order, a court must find that there has been a change in the material circumstances of the parties or the children since the time of the original order. The burden of proving a change of circumstances is on the party seeking the modification.
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FAQ

Parents can come to an agreement regarding child custody and support during negotiations of the separation agreement.

Parties are free to petition the court for an upward or downward modification of child-support as many times as they wish. However, the parties do run the risk that the court will stop taking them seriously and mandate orders which will preclude litigants if they make applications too frequently.

Under what is known as common law, a new child has no effect on a support order. The prevailing thought was that a parent's first children had priority. But that reasoning is becoming passe. The current thinking in many states, Virginia included, is that all a parent's children should have their needs addressed.

You can ask the court to modify your current obligation amount (with Family Court Form 4-11) based on a "substantial change in circumstances," or if the order was effective on or after October 13, 2010, it may be modified if: Three (3) years have passed since the order was entered, last modified or adjusted.

Modifying Child Support One of the parents must request the change by a formal motion to the court. The court that makes the original child support award has the authority to modify the order if conditions change. Either parent may request the court to change the order throughout the time the child is under 18.

Debt Reduction Programs Arrears Cap (English Application | Spanish Application) can put a limit on the amount of child support debt that a noncustodial parent owes to the government. The amount of arrears can be reduced to as low as $500.

Florida law provides several grounds for downward modification: If it is found necessary by the court in the best interest of the child; the child reaches majority; the child is emancipated, marries joins the Armed Forces or dies; or.

You can ask the court to modify your current obligation amount (with Family Court Form 4-11) based on a "substantial change in circumstances," or if the order was effective on or after October 13, 2010, it may be modified if: Three (3) years have passed since the order was entered, last modified or adjusted.

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Virgin Islands Motion to Modify or Amend Divorce Decree to Provide for Decrease in Amount of Child Support