California 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. Keywords: California, motion to modify, amend divorce decree, decrease child support In California, when circumstances change following a divorce, either parent may file a Motion to Modify or Amend the Divorce Decree to request a decrease in the amount of child support payment. Various situations may warrant seeking a modification, such as a substantial change in income, loss of employment, or a change in the child's needs. Here are different types of Motions to Modify or Amend a Divorce Decree related to child support in California: 1. Motion to Modify Child Support: This type of motion is filed when the requesting party believes there has been a significant change in their financial situation or the other parent's circumstances, which justifies a decrease in the current child support amount. The court will carefully assess the financial information provided by both parties before deciding on the modification. 2. Motion to Amend Child Support: When the need for child support has decreased due to factors like the child reaching adulthood, changes in custody arrangements, or the child's financial independence, a Motion to Amend Child Support can be filed. This motion seeks to adjust or terminate child support obligations altogether. 3. Motion to Decrease Child Support: Parents may file a specific Motion to Decrease Child Support if circumstances such as job loss, reduction in income, or unexpected financial obligations make it challenging to meet the current support obligations. This motion provides an opportunity for the court to reassess the current child support amount and potentially decrease it to accommodate the changing circumstances. 4. Motion to Modify or Amend Temporary Child Support: In situations where temporary child support orders are in effect during divorce proceedings, either party can file a Motion to Modify or Amend Temporary Child Support if there is a valid reason to seek a decrease in the amount set temporarily. It is crucial to provide supporting evidence and documents to substantiate the request for modification. 5. Motion for Retroactive Modification of Child Support: If a parent recognizes a change in circumstances but delays filing a motion to modify child support, they may file a Motion for Retroactive Modification of Child Support. This motion seeks to modify child support retroactively from the date of the parent's original request, providing relief for any financial strain accrued during this time. It is important to consult with a family law attorney in California to understand the specific requirements and procedures for filing each of these motions accurately. The court will evaluate each motion independently, taking into consideration the best interests of the child and the financial circumstances of both parents before making any modifications to the existing child support order.

Keywords: California, motion to modify, amend divorce decree, decrease child support In California, when circumstances change following a divorce, either parent may file a Motion to Modify or Amend the Divorce Decree to request a decrease in the amount of child support payment. Various situations may warrant seeking a modification, such as a substantial change in income, loss of employment, or a change in the child's needs. Here are different types of Motions to Modify or Amend a Divorce Decree related to child support in California: 1. Motion to Modify Child Support: This type of motion is filed when the requesting party believes there has been a significant change in their financial situation or the other parent's circumstances, which justifies a decrease in the current child support amount. The court will carefully assess the financial information provided by both parties before deciding on the modification. 2. Motion to Amend Child Support: When the need for child support has decreased due to factors like the child reaching adulthood, changes in custody arrangements, or the child's financial independence, a Motion to Amend Child Support can be filed. This motion seeks to adjust or terminate child support obligations altogether. 3. Motion to Decrease Child Support: Parents may file a specific Motion to Decrease Child Support if circumstances such as job loss, reduction in income, or unexpected financial obligations make it challenging to meet the current support obligations. This motion provides an opportunity for the court to reassess the current child support amount and potentially decrease it to accommodate the changing circumstances. 4. Motion to Modify or Amend Temporary Child Support: In situations where temporary child support orders are in effect during divorce proceedings, either party can file a Motion to Modify or Amend Temporary Child Support if there is a valid reason to seek a decrease in the amount set temporarily. It is crucial to provide supporting evidence and documents to substantiate the request for modification. 5. Motion for Retroactive Modification of Child Support: If a parent recognizes a change in circumstances but delays filing a motion to modify child support, they may file a Motion for Retroactive Modification of Child Support. This motion seeks to modify child support retroactively from the date of the parent's original request, providing relief for any financial strain accrued during this time. It is important to consult with a family law attorney in California to understand the specific requirements and procedures for filing each of these motions accurately. The court will evaluate each motion independently, taking into consideration the best interests of the child and the financial circumstances of both parents before making any modifications to the existing child support order.