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

• Category: Family Law - Divorce - Child Support - Modifications
• State: Multi-State
• Control #: US-00799BG
• Format: Word; Rich Text

Description

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. In Arizona, a Motion to Modify or Amend Divorce Decree to Provide for a Decrease in Amount of Child Support is a legal process available to individuals who wish to seek a change in the existing child support order. This motion enables parents to request a reduction in the financial obligation they have towards supporting their children. Here are some relevant keywords and different types of motions associated with this process: 1. Motion to Modify Child Support: This type of motion is filed when a parent desires to have the child support amount reduced due to a change in circumstances. Valid reasons for seeking a modification may include loss of employment, a significant decrease in income, or an unexpected financial hardship. 2. Motion to Amend Divorce Decree: This motion is used to request changes to the terms of the original divorce decree. While not specific to child support, it may be necessary to amend the entire decree to reflect the desired decrease in child support. 3. Decrease in Amount of Child Support: This specific phrase refers to the desired outcome of the motion, which is to lower the current child support obligation. The party filing the motion must present substantial evidence to support the need for the decrease and show that it is in the best interest of the child(men). 4. Change in Circumstances: When filing a motion for a decrease in child support, it is essential to demonstrate a significant change in circumstances that warrants a modification. Such changes can include a job loss, reduction in work hours, or any other financial hardship that affects the parent's ability to meet the current child support obligations. 5. The Best Interest of the Child: This legal standard is crucial in any child-related matter. The parent seeking a decrease in child support must prove that the modification serves the child's best interests. Factors such as the current needs, financial stability, and overall well-being of the child are considered in determining the appropriateness of a reduction in child support payments. 6. Proof of Income and Expenses: To substantiate the request for a decrease in child support, the parent must provide accurate and up-to-date information regarding their income, as well as any legitimate expenses related to the child's care and upbringing. This may involve submitting pay stubs, tax returns, and other financial documents. 7. Mediation or Court Hearing: In Arizona, parties may be required to attend mediation before proceeding to a court hearing for a motion to modify child support. Mediation provides an opportunity for the parents to try and reach an agreement on their own, with the assistance of a neutral third party. If an agreement cannot be reached, a court hearing will be scheduled where a judge will make the final decision based on the evidence presented. It is crucial to consult with a family law attorney in Arizona to navigate the complexities of filing a Motion to Modify or Amend Divorce Decree to Provide for a Decrease in Amount of Child Support properly. The attorney can guide individuals through the various steps involved in this legal process and ensure that the best interests of the child(men) are protected throughout.

In Arizona, a Motion to Modify or Amend Divorce Decree to Provide for a Decrease in Amount of Child Support is a legal process available to individuals who wish to seek a change in the existing child support order. This motion enables parents to request a reduction in the financial obligation they have towards supporting their children. Here are some relevant keywords and different types of motions associated with this process: 1. Motion to Modify Child Support: This type of motion is filed when a parent desires to have the child support amount reduced due to a change in circumstances. Valid reasons for seeking a modification may include loss of employment, a significant decrease in income, or an unexpected financial hardship. 2. Motion to Amend Divorce Decree: This motion is used to request changes to the terms of the original divorce decree. While not specific to child support, it may be necessary to amend the entire decree to reflect the desired decrease in child support. 3. Decrease in Amount of Child Support: This specific phrase refers to the desired outcome of the motion, which is to lower the current child support obligation. The party filing the motion must present substantial evidence to support the need for the decrease and show that it is in the best interest of the child(men). 4. Change in Circumstances: When filing a motion for a decrease in child support, it is essential to demonstrate a significant change in circumstances that warrants a modification. Such changes can include a job loss, reduction in work hours, or any other financial hardship that affects the parent's ability to meet the current child support obligations. 5. The Best Interest of the Child: This legal standard is crucial in any child-related matter. The parent seeking a decrease in child support must prove that the modification serves the child's best interests. Factors such as the current needs, financial stability, and overall well-being of the child are considered in determining the appropriateness of a reduction in child support payments. 6. Proof of Income and Expenses: To substantiate the request for a decrease in child support, the parent must provide accurate and up-to-date information regarding their income, as well as any legitimate expenses related to the child's care and upbringing. This may involve submitting pay stubs, tax returns, and other financial documents. 7. Mediation or Court Hearing: In Arizona, parties may be required to attend mediation before proceeding to a court hearing for a motion to modify child support. Mediation provides an opportunity for the parents to try and reach an agreement on their own, with the assistance of a neutral third party. If an agreement cannot be reached, a court hearing will be scheduled where a judge will make the final decision based on the evidence presented. It is crucial to consult with a family law attorney in Arizona to navigate the complexities of filing a Motion to Modify or Amend Divorce Decree to Provide for a Decrease in Amount of Child Support properly. The attorney can guide individuals through the various steps involved in this legal process and ensure that the best interests of the child(men) are protected throughout.