Allegheny Pennsylvania Motion to Modify or Amend Divorce Decree to Provide for Decrease in Amount of Child Support

State:
Multi-State
County:
Allegheny
Control #:
US-00799BG
Format:
Word; 
Rich Text
Instant download

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

It is possible to change an existing order of the court with a post-decree modification order. Post-decree petitions in Pennsylvania most often involve requests to change a Dissolution of Marriage, Annulment, Legal Separation, or Judgment of Paternity.

How do I request a support order modification? Contact your local DRS to obtain a Petition for Modification. You may also log into the child support website at as a payee or payor and submit a Petition for Modification through E-Services.

The only way to reduce basic child support is with the court's permission. Unless a judge modifies your support order, paying anything less than the amount the order requires is a violation of the support order. This means that you should never reduce your payments or cancel your payments without court approval.

The question is: can you vary or amend your divorce order? "The short answer is yes, you can, under certain conditions," says attorney Simon Dippenaar. "Most amendments concern childcare and contact - custody and access or visitation rights - and changes to your property settlement.

How do I request a support order modification? Contact your local DRS to obtain a Petition for Modification. You may also log into the child support website at as a payee or payor and submit a Petition for Modification through E-Services.

CAN A MARITAL SETTLEMENT AGREEMENT BE MODIFIED BY A COURT? The marital settlement agreement is a contract and courts generally do not modify contracts that are negotiated by and entered into by two parties so long as the contract is clear and unambiguous.

The filing fee for a petition to modify is $42.68. If you cannot pay the filing fee, you may ask to be excused from paying the fee by filing a Petition to Proceed In Forma Pauperis (IFP).

An order of child support can only be changed by filing an appeal. This appeal must be filed within 20 days after the date the order is received or the date of the order, whichever occurs first. A demand for hearing must be filed with the county Domestic Relations Section that issued the support order.

Fortunately for parents of multiple children, you may be entitled to a reduction in child support payments if you have your own children to support. For help with your child support case, contact the Philadelphia child support modification lawyers at The Sadek and Cooper Law Offices today.

Work can be personally rewarding as well as a means to pay bills. Become Self Employed.Hire a Good Tax Accountant.Pay Only What You Receive Credit For.Inform Child Support if Your Income Drops.Lodge Tax Returns Quickly if Your Income Drops.Avoid Triggering a Change of Assessment (COA)Initiate a Change of Assessment.

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Allegheny Pennsylvania Motion to Modify or Amend Divorce Decree to Provide for Decrease in Amount of Child Support