This form is used 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.
Title: Understanding Vermont Motion to Modify or Amend Divorce Decree to Provide for an Increase in Amount of Child Support Keywords: Vermont child support, motion to modify, divorce decree, increase child support Introduction: Divorce can result in significant changes in the lives of all parties involved, especially when it comes to child support. In Vermont, individuals looking to modify or amend their divorce decree to provide for an increase in the amount of child support have the option to file a motion. This article aims to provide a detailed description of different types of Vermont motions to modify or amend divorce decrees to increase child support. 1. General Overview of Vermont Motion to Modify or Amend Divorce Decree: A Vermont motion to modify or amend a divorce decree to provide for an increase in child support is a legal tool available for parents seeking to adjust the amount of child support originally established by the court during their divorce proceedings. These motions are filed to reflect significant changes in circumstances that may warrant an increase in child support payments. 2. Types of Vermont Motion to Modify or Amend Divorce Decree: a. Motion to Modify Based on Change in Financial Circumstances: One type of motion to modify or amend a divorce decree in Vermont is based on a substantial change in financial circumstances, typically involving a noticeable increase in the non-custodial parent's income. This motion seeks to ensure that the child receives a fair share of the improved financial situation. b. Motion to Modify Based on Change in Child's Needs: In some cases, a child's needs may change significantly after the divorce decree has been issued, and these changes may necessitate an increased amount of child support. A motion to modify the divorce decree based on a change in the child's needs aims to address such situations, ensuring the child's evolving requirements are adequately met. c. Motion to Amend Based on Inadequate or Inaccurate Initial Child Support Calculation: If there is evidence suggesting that the initial child support calculation was inaccurate or does not sufficiently reflect the financial realities of either parent or the child, a motion to amend the divorce decree can be filed. This motion aims to rectify the inadequacy or error in the original calculation. 3. Filing and Documentation Requirements: To file a motion to modify or amend a divorce decree, specific documentation and forms must be prepared and submitted to the appropriate Vermont family court. It is crucial to provide evidence substantiating the need for an increase in child support payments, such as financial statements, income tax returns, and any other relevant documents. Conclusion: Understanding Vermont motion to modify or amend divorce decrees to increase child support is essential for individuals seeking to adjust child support payments to meet changing circumstances. By appropriately filing these motions and providing compelling evidence, parents can obtain fair and reasonable adjustments to secure the wellbeing and welfare of their children.
