District of Columbia 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. A District of Columbia motion to modify or amend a divorce decree to provide for a decrease in the amount of child support is a legal process that allows divorced parents to request a revision in the court-ordered child support payments. This motion is typically filed when the paying parent experiences a significant change in their financial circumstances that warrants a reduction in the amount they are contributing. Keywords: District of Columbia, motion to modify, amend divorce decree, decrease in amount, child support, court-ordered child support payments, divorced parents, revision, paying parent, financial circumstances. There are several types of District of Columbia motions to modify or amend a divorce decree to provide for a decrease in the amount of child support. These include: 1. Substantial Change in Financial Circumstances: This type of motion is filed when the paying parent experiences a significant and lasting change in their financial situation, such as job loss, a decrease in income, or unexpected financial burdens. The court may consider these changes as a valid reason to decrease the child support amount. 2. Change in Custodial Parent's Income: If the custodial parent experiences a substantial increase in their income, it may warrant a decrease in the child support payments. This type of motion is filed to present evidence of the custodial parent's improved financial situation. 3. Change in Child's Needs: Sometimes, a child's needs may change over time, which can lead to a decrease in child support payments. For example, if a child becomes eligible for certain government benefits that cover their expenses, the court may consider adjusting the child support amount accordingly. 4. Emancipation of the Child: When a child reaches the age of majority or becomes self-supporting, the paying parent may file a motion to modify or amend the divorce decree to decrease the child support amount. This motion is often filed when the child is no longer financially dependent on their parent. 5. Shared Parenting Plan Modification: In cases where the parents have agreed to a shared parenting arrangement, a motion to modify the child support amount may be filed if there is a significant change in the division of parenting time or financial responsibilities between the parents. This can result in a decrease in child support obligations for one parent. 6. Cost of Living Adjustments: In some situations, the cost of living in the District of Columbia may increase or decrease significantly. Parents may file a motion to modify the child support amount to reflect the change in the cost of raising a child in the region. It's important to note that each motion to modify or amend a divorce decree is evaluated on a case-by-case basis, and the court will consider various factors such as the best interests of the child and the financial circumstances of both parents before making a decision. Seeking legal advice is recommended to navigate the process successfully.

A District of Columbia motion to modify or amend a divorce decree to provide for a decrease in the amount of child support is a legal process that allows divorced parents to request a revision in the court-ordered child support payments. This motion is typically filed when the paying parent experiences a significant change in their financial circumstances that warrants a reduction in the amount they are contributing. Keywords: District of Columbia, motion to modify, amend divorce decree, decrease in amount, child support, court-ordered child support payments, divorced parents, revision, paying parent, financial circumstances. There are several types of District of Columbia motions to modify or amend a divorce decree to provide for a decrease in the amount of child support. These include: 1. Substantial Change in Financial Circumstances: This type of motion is filed when the paying parent experiences a significant and lasting change in their financial situation, such as job loss, a decrease in income, or unexpected financial burdens. The court may consider these changes as a valid reason to decrease the child support amount. 2. Change in Custodial Parent's Income: If the custodial parent experiences a substantial increase in their income, it may warrant a decrease in the child support payments. This type of motion is filed to present evidence of the custodial parent's improved financial situation. 3. Change in Child's Needs: Sometimes, a child's needs may change over time, which can lead to a decrease in child support payments. For example, if a child becomes eligible for certain government benefits that cover their expenses, the court may consider adjusting the child support amount accordingly. 4. Emancipation of the Child: When a child reaches the age of majority or becomes self-supporting, the paying parent may file a motion to modify or amend the divorce decree to decrease the child support amount. This motion is often filed when the child is no longer financially dependent on their parent. 5. Shared Parenting Plan Modification: In cases where the parents have agreed to a shared parenting arrangement, a motion to modify the child support amount may be filed if there is a significant change in the division of parenting time or financial responsibilities between the parents. This can result in a decrease in child support obligations for one parent. 6. Cost of Living Adjustments: In some situations, the cost of living in the District of Columbia may increase or decrease significantly. Parents may file a motion to modify the child support amount to reflect the change in the cost of raising a child in the region. It's important to note that each motion to modify or amend a divorce decree is evaluated on a case-by-case basis, and the court will consider various factors such as the best interests of the child and the financial circumstances of both parents before making a decision. Seeking legal advice is recommended to navigate the process successfully.