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In order to make a motion in the Court of Claims, you must prepare a set of "motion papers," serve a copy of the motion papers on the opposing party or the opposing party's attorney, and submit the original and two copies of the motion papers to the Clerk of the Court, with an Affidavit of Service (a sworn statement ...

There are a few ways to file: Visit the Family Court where your court order was issued and complete a Support Petition for Modification form (also known as form 4-11). Call the Family Court where your child support order was issued and they will mail you the Support Petition for Modification form.

Decisions. If the motion or OSC can't be settled, the Judge will make a decision. Sometimes, the Judge makes a decision right away. If not, the Judge has 60 days by law to decide the motion.

A parent seeking to visit with a child may file a petition in Family Court against the person or persons who have custody of the child. Custody and visitation matters are often heard together within the same hearing, but a visitation petition may also be filed as a separate matter.

Parties are free to petition the court for an upward or downward modification of child-support as many times as they wish. However, the parties do run the risk that the court will stop taking them seriously and mandate orders which will preclude litigants if they make applications too frequently.

While typically the court will entertain a child support modification only after at least 3 years has passed since the order was entered, the exception is for a 15% change in income. One of the common reasons that noncustodial parents petition the court for a downward modification is due to a loss of employment.