Joint Petition to Modify or Amend Divorce Decree by Terminating Child Support - Minor Left Home, Living Independently, Refuses to Work or Go to School
Understanding this form
The Joint Petition to Modify or Amend Divorce Decree by Terminating Child Support is a legal document used by parents who wish to request the court to terminate existing child support obligations. This form is specifically designed for situations where a minor child has moved out of the parental home, is living independently, and is not pursuing education or employment. By using this form, parents can establish a formal request to modify their divorce decree and relieve themselves of child support responsibilities, which differs from standard child support modification forms that may not consider the child's independence.
Form components explained
- Names of the Petitioners: Identifies the parents petitioning the court.
- Case Number: References the specific court case related to the divorce decree.
- Details of the Minor Child: Provides information about the child, including name and age.
- Statement of Circumstances: Describes the child's living situation and reasons for modifying child support.
- Termination of Child Support Request: Clearly states the request to terminate child support obligations.
- Signatures: Requires the signatures of both parents and notarization for validity.
When this form is needed
This form is necessary when parents need to formally request the modification of their divorce decree to stop child support payments. Typical scenarios include when the child has turned eighteen, has moved out of the parental home to live independently, and has decided not to pursue further education or employment. If both parents agree on the child's situation, this form can simplify the legal process of modifying existing child support agreements.
Who should use this form
- Parents or guardians seeking to terminate child support due to the child's independent living status.
- Divorced couples who jointly agree on the termination of child support.
- Individuals who are responsible for paying child support that is no longer applicable.
How to prepare this document
- Identify the parties involved by entering the names of both parents in the designated sections.
- Fill in the case number associated with the original divorce decree.
- Provide the name and birth date of the minor child, noting their current living circumstances.
- Clearly state the reasons for the request to terminate child support payments.
- Both parents must sign the petition and have their signatures notarized to validate the document.
Does this form need to be notarized?
This form needs to be notarized to ensure legal validity. US Legal Forms provides secure online notarization powered by Notarize, allowing you to complete the process through a verified video call, available anytime.
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Make edits, fill in missing information, and update formatting in US Legal Forms—just like you would in MS Word.
Download a copy, print it, send it by email, or mail it via USPS—whatever works best for your next step.
Sign and collect signatures with our SignNow integration. Send to multiple recipients, set reminders, and more. Go Premium to unlock E-Sign.
If this form requires notarization, complete it online through a secure video call—no need to meet a notary in person or wait for an appointment.
We protect your documents and personal data by following strict security and privacy standards.
Mistakes to watch out for
- Failing to provide complete and accurate information about the minor child.
- Not including the correct case number or if it matches the original divorce decree.
- Overlooking the need for notarization of signatures, which could invalidate the petition.
- Not consulting local laws for specific requirements before submitting the form.
Summary of main points
- The Joint Petition helps terminate child support for a child living independently.
- Formal request requires clear documentation and signatures from both parents.
- Notarization is necessary to ensure legal compliance.
- Consult local laws to adaptations specific to your state.
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FAQ
If you have an active/open child support case, you can submit an official Request for Review of your court-ordered amount. You can click on this link to complete an online modification request, https://csapps.oag.texas.gov/form/csmodification.
If The Parents Agree, Child Support Can Be Changed or Removed. Because of changes in circumstances for either of the parents, the two parties may agree to forgo payments. This can happen when the marital status of the custodial parent changes, the income of a parent changes, or other circumstances.
No new child support will be charged after the date of termination. If the parent who was paying child support (the obligor) has no unpaid balances (or arrearages) on the date of termination, then the order for that child is over and the case will be closed.
Modifying Child Support Without Going to Court It is possible to have your child support order modified without having to go to court--but only in very limited circumstances. Some judges include a Cost of Living Adjustment (COLA) clause in all of the child support orders they issue.
No. You cannot retroactively modify child support and now that your child is over age 18 and has graduated from high school, she cannot obtain ongoing support for your child.
When you lose your job the legal obligation to pay child support does not stop it will not go away. If there are arrears of payment of child support the amount of the arrears is not waived. Becoming a bankrupt does not extinguish the arrears the debt survives the bankruptcy.
What is Back Child Support? Child support payments are payments one spouse pays to the other to support their child.Courts often order child support payments to be made by the non-custodial parent to the custodial parent. Missed child support payments are known as back child support payments.
If both parents agree to end child support, the proper way to end the obligation is by filing a motion with the court to terminate child support. The order MUST BE SIGNED BY A JUDGE to be effective. Ask the OAG is this has been done. If it has not you are still obligated under a court order to pay child support.
Locate the court file number. Locate the court file number from the divorce or child support paperwork. Complete the appropriate paperwork. In Texas, the Petition to Terminate Withholding for Child Support requires the following information: File the petition.
