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.
Title: Arkansas Motion to Modify or Amend Divorce Decree to Provide for Increase in Amount of Child Support — Understanding the Process and Types Available Introduction: In Arkansas, a Motion to Modify or Amend Divorce Decree to Provide for an Increase in Amount of Child Support is a legal tool designed to allow parents to seek an adjustment in the existing child support obligations. This comprehensive guide will delve into the specifics of this motion, its purpose, the steps involved in filing, and any additional types that may exist. 1. Purpose of an Arkansas Motion to Modify or Amend Divorce Decree to Provide for Increase in Amount of Child Support: The purpose of this motion is to request an increase in the ongoing financial support provided to the custodial parent for the care and upbringing of their child(men). It aims to address changing circumstances, such as a substantial increase in the non-custodial parent's income, that may warrant an adjustment in the child support amount. 2. Filing the Motion: To initiate the process, the parent seeking the increase must file a Motion to Modify or Amend Divorce Decree to Provide for Increase in Amount of Child Support with the court that issued the original child support order. This motion should be accompanied by supporting documentation, such as financial statements, income tax returns, and evidence of the change in circumstances. 3. Determining a Substantial Change in Circumstances: It is crucial to prove to the court that a substantial change in circumstances has occurred to merit an increase in child support. This may include factors like an increase in the non-custodial parent's income, a child's changing needs, or the custodial parent's loss of income. 4. Types of Arkansas Motions to Modify or Amend Divorce Decree to Provide for Increase in Amount of Child Support: a. Financial Review: This motion primarily focuses on reviewing the financial circumstances of both parents and determining if an increase is justified based on the new information available. b. Modification due to Child's Needs: In cases where the child's needs have significantly changed, such as increased medical expenses or educational costs, this type of motion seeks an adjustment in child support accordingly. c. Income Increase: If the non-custodial parent's income has substantially increased since the initial support order, this type of motion aims to reflect the new financial situation and the child's best interests. 5. Supporting Documentation: While filing the motion, it is crucial to provide supporting documents to substantiate the claim for an increase in child support. These may include recent pay stubs, bank statements, tax returns, medical bills, or educational expenses directly related to the child. Conclusion: An Arkansas Motion to Modify or Amend Divorce Decree to Provide for an Increase in Amount of Child Support serves as a legal instrument to request an adjustment in ongoing child support obligations based on altered circumstances. By following the proper procedures and providing substantial evidence, parents can ensure the child's evolving needs are appropriately addressed, and their financial welfare is protected.Title: Arkansas Motion to Modify or Amend Divorce Decree to Provide for Increase in Amount of Child Support — Understanding the Process and Types Available Introduction: In Arkansas, a Motion to Modify or Amend Divorce Decree to Provide for an Increase in Amount of Child Support is a legal tool designed to allow parents to seek an adjustment in the existing child support obligations. This comprehensive guide will delve into the specifics of this motion, its purpose, the steps involved in filing, and any additional types that may exist. 1. Purpose of an Arkansas Motion to Modify or Amend Divorce Decree to Provide for Increase in Amount of Child Support: The purpose of this motion is to request an increase in the ongoing financial support provided to the custodial parent for the care and upbringing of their child(men). It aims to address changing circumstances, such as a substantial increase in the non-custodial parent's income, that may warrant an adjustment in the child support amount. 2. Filing the Motion: To initiate the process, the parent seeking the increase must file a Motion to Modify or Amend Divorce Decree to Provide for Increase in Amount of Child Support with the court that issued the original child support order. This motion should be accompanied by supporting documentation, such as financial statements, income tax returns, and evidence of the change in circumstances. 3. Determining a Substantial Change in Circumstances: It is crucial to prove to the court that a substantial change in circumstances has occurred to merit an increase in child support. This may include factors like an increase in the non-custodial parent's income, a child's changing needs, or the custodial parent's loss of income. 4. Types of Arkansas Motions to Modify or Amend Divorce Decree to Provide for Increase in Amount of Child Support: a. Financial Review: This motion primarily focuses on reviewing the financial circumstances of both parents and determining if an increase is justified based on the new information available. b. Modification due to Child's Needs: In cases where the child's needs have significantly changed, such as increased medical expenses or educational costs, this type of motion seeks an adjustment in child support accordingly. c. Income Increase: If the non-custodial parent's income has substantially increased since the initial support order, this type of motion aims to reflect the new financial situation and the child's best interests. 5. Supporting Documentation: While filing the motion, it is crucial to provide supporting documents to substantiate the claim for an increase in child support. These may include recent pay stubs, bank statements, tax returns, medical bills, or educational expenses directly related to the child. Conclusion: An Arkansas Motion to Modify or Amend Divorce Decree to Provide for an Increase in Amount of Child Support serves as a legal instrument to request an adjustment in ongoing child support obligations based on altered circumstances. By following the proper procedures and providing substantial evidence, parents can ensure the child's evolving needs are appropriately addressed, and their financial welfare is protected.
