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
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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.

Allegheny County is located in Pennsylvania and is home to the city of Pittsburgh. When parents go through a divorce and children are involved, the court typically establishes a child support arrangement to ensure the financial well-being of the children. However, circumstances can change over time, and a parent may find it necessary to seek a modification or amendment to the existing divorce decree to decrease the amount of child support they are required to pay. There are different types of motions to modify or amend a divorce decree in Allegheny County, Pennsylvania, specifically related to the decrease in child support. These include: 1. Motion to Modify or Amend Divorce Decree: This is a general motion that allows a parent to request a change in their child support obligation. It is applicable when there has been a substantial change in circumstances, such as a decrease in income or a change in custody arrangements. 2. Motion to Modify or Amend Divorce Decree Due to Job Loss: If a parent has lost their job and can no longer afford the current child support obligation, they can file a motion specifically addressing the decrease in income resulting from the job loss. 3. Motion to Modify or Amend Divorce Decree due to Decrease in Income: If a parent's income has significantly decreased, unrelated to job loss, they can file a motion highlighting this change to seek a decrease in child support. 4. Motion to Modify or Amend Divorce Decree based on Changes in Child's Needs: Sometimes a child's needs can change over time, such as medical expenses or education costs. In such cases, a parent may file a motion to modify the divorce decree reflecting these changes in the child support amount. 5. Motion to Modify or Amend Divorce Decree based on Shared Custody Arrangement: If a parent has obtained a shared custody arrangement with the other parent, where the child spends equal or significant time with both parents, they can file a motion to modify the divorce decree to accurately reflect the shared custody arrangement and adjust the child support accordingly. When filing any of these motions in Allegheny County, it is essential to provide supporting documentation and evidence that justifies the requested decrease in child support. This may include financial statements, employment records, medical bills, or any relevant evidence specific to the change in circumstances. It is important to consult with an experienced family law attorney in Allegheny County, Pennsylvania, who can guide you through the legal process and navigate the complexities of filing a motion to modify or amend a divorce decree to provide for a decrease in the amount of child support.

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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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It is important to read the attached instructions before completing each form. If your circumstances change, either parent can ask the court to modify (change) the amount of support, up or down.Considering Divorce? A Petition is an official request to have the present support Order reviewed for either an increase or decrease in the amount. Modification orders often include spousal support, child custody, or child support. Reducing the accumulation of unpaid child support debt. In PA, The noncustodial parent must submit a modification petition to stop payments. You must take specific steps to terminate the agreement. When and how to ask a court to modify the amount of child support you must pay or the amount you receive. A child support order cannot simply be modified based on a dispute between the parents.

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