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.
Connecticut Motion to Modify or Amend Divorce Decree to Provide for Increase in Amount of Child Support
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How to fill out Motion To Modify Or Amend Divorce Decree To Provide For Increase In Amount Of Child Support?
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To file a motion for Modification you have to fill out the following 2 forms: Motion for Modification (JD-FM-174) Appearance (JD-CL-12) if you have not already filed one with the court - (How-To Slidecast)
When Can an Order Be Modified? Connecticut law allows courts to modify existing child support orders if: Either parent has experienced a ?substantial change? in circumstances from when the order was first issued. The support order ?substantially deviates? from the child support guidelines.
In Connecticut, you can only obtain a modification if there has been a substantial and material change of circumstances. As explained by the State of Connecticut Judicial Branch, the party seeking a modification of a previous agreement/judgment must file a Motion for Modification.
TO MODIFY A CHILD SUPPORT ORDER: Hire an attorney to file the motion. ... File a pro-se motion (file the papers without the help of an attorney). ... IF THE PARENT IS GETTING ENFORCEMENT SERVICES THROUGH THE STATE, he/she can ask the Judicial Branch's Support Enforcement Services to file the motion for them.
The court can refer serious cases ? those with at least $5000 in child support "arrears" (back payments) - to a federal prosecutor, who can charge the delinquent parent with a federal crime. See Enforcing Child Support: Dealing With a Deadbeat Parent, for more information on federal enforcement of support.
You have the right to request Support Enforcement Services (SES) to review your child support order to see if it should be increased, decreased or changed in some other way. You have the right to a review at least once every three years.
In Connecticut, like with most states, a non-custodial parent's child support obligation is calculated as a percentage of their total income compared to the needs of the child. Generally, this is 23% of your net weekly income for 1 child, 32% of your pay for 2 children, and 39% of your pay for 3 children.