Santa Clara California Motion to Modify or Amend Divorce Decree to Provide for Increase in Amount of Child Support

State:
Multi-State
County:
Santa Clara
Control #:
US-00800BG
Format:
Word; 
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Instant download

Description

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.

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FAQ

Go to your mediation and court hearing Child Custody and Visitation (Parenting Time) Order Attachment (Form FL-341 ) Supervised Visitation Order (Form FL-341(A) ) Child Abduction Prevention Order Attachment (Form FL-341(B) ) Children's Holiday Schedule Attachment (Form FL-341(C) )

To ask for a court hearing to change your existing custody and visitation order: Fill out your court forms.Have your forms reviewed.Make at least 2 copies of all your forms.File your forms with the court clerk.Get your court date or mediation date.Serve your papers on the other parent.File your Proof of Service.

The law considers an 18-year-old to be an adult. Missouri Revised Statutes - Title XXX - §431.055 Any child younger than that is a minor, and technically can't refuse to visit with a parent. However, if brought to the court's attention, a judge can determine whether there's a legitimate basis for the child's request.

Forms to Ask for Child Support With a Petition for Custody and Support of Minor Children. You need to use either Form FL-150 or Form FL-155. ) to find out if you can use the simpler Form FL-155. A lawyer or family law facilitator can help you decide which form to use.

California law does not look kindly on parents who fail to make their child support payments or who take it upon themselves to make a change in those payments without approval of the court or the person receiving support.

Under California law, the following strategies may be available to address back child support and arrears: Motion to Re-Determine Back Child Support.Compromise of Arrears Program.Suspension of Interest Under Chapter 13 Bankruptcy.Petition for 'Equitable Forgiveness'Motion to Set Aside Invalid Court Judgment.

Under California law, either parent can request to modify child support after every three years, or if there has been a substantial change in circumstances since the order was decreed.

Modification. n. a change in an existing court order or judgment made necessary by a change in circumstances since the order or judgment was made or to cure an error.

Asking the court to change a child support order Request for Order (Form FL-300 ); and. Income and Expense Declaration (Form FL-150 ) OR a Financial Statement (Simplified) (Form FL-155 ).

The Motion to Modify is a formal pleading to the court which must be filled out completely and verified (sworn to before a notary public) before it can be filed. This means both parents swear or affirm that the facts contained in the motion are true and sign the motion before the notary.

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Santa Clara California Motion to Modify or Amend Divorce Decree to Provide for Increase in Amount of Child Support