Delaware 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 Delaware Motion to Modify or Amend Divorce Decree to Provide for Decrease in Amount of Child Support is a legal document that allows a party to request a reduction in the amount of child support they are required to pay following a divorce. This motion is filed with the Delaware family court that issued the original divorce decree. In Delaware, there are different types of motions to modify or amend a divorce decree related to child support. Some of these include: 1. Motion to Modify Due to Change in Financial Circumstances: If a party's financial situation has significantly changed since the divorce decree was issued, they can file a motion to modify the child support amount. This could include a decrease in income, loss of employment, or other substantial financial changes. 2. Motion to Modify Due to Change in Custody or Visitation: If there has been a significant change in the custody or visitation arrangement for the children, it may warrant a modification of the child support amount. This could occur if one parent now has more time with the children, resulting in a decrease in expenses for the other parent. 3. Motion to Modify Based on the Children's Needs: If the financial needs of the children have changed since the divorce decree was issued, a motion to modify the child support amount can be filed. This could occur if the children require additional medical expenses, educational costs, or other unforeseen expenses. To file a motion to modify or amend a divorce decree for a decrease in child support in Delaware, the following steps should be taken: 1. Obtain the appropriate forms from the Delaware family court or its website. Ensure that you select the correct form based on the specific type of motion you are filing. 2. Fill out the forms accurately and completely, providing all necessary information such as the names of the parties involved, the case number, and the reasons for the requested modification. 3. Attach any supporting documentation that substantiates the reasons for the modification, such as pay stubs, tax returns, or medical bills. 4. File the completed forms and supporting documentation with the Delaware family court that issued the original divorce decree. Be sure to make copies for your records. 5. Pay any required filing fees, which may vary depending on the county and the specific motion being filed. 6. Serve the other party involved in the case with a copy of the filed motion and related documents. This is typically done by certified mail or through a process server. 7. Attend any scheduled hearings or court proceedings related to the motion, presenting your case and providing any additional evidence or witnesses as needed. It's important to note that the court will evaluate the modification request based on the best interests of the children. The requesting party must clearly demonstrate a substantial change in circumstances that justifies the reduction in child support. Consulting with an experienced family law attorney in Delaware is advisable to ensure the proper preparation and presentation of the motion. They can provide guidance throughout the process and help protect your rights and interests.

A Delaware Motion to Modify or Amend Divorce Decree to Provide for Decrease in Amount of Child Support is a legal document that allows a party to request a reduction in the amount of child support they are required to pay following a divorce. This motion is filed with the Delaware family court that issued the original divorce decree. In Delaware, there are different types of motions to modify or amend a divorce decree related to child support. Some of these include: 1. Motion to Modify Due to Change in Financial Circumstances: If a party's financial situation has significantly changed since the divorce decree was issued, they can file a motion to modify the child support amount. This could include a decrease in income, loss of employment, or other substantial financial changes. 2. Motion to Modify Due to Change in Custody or Visitation: If there has been a significant change in the custody or visitation arrangement for the children, it may warrant a modification of the child support amount. This could occur if one parent now has more time with the children, resulting in a decrease in expenses for the other parent. 3. Motion to Modify Based on the Children's Needs: If the financial needs of the children have changed since the divorce decree was issued, a motion to modify the child support amount can be filed. This could occur if the children require additional medical expenses, educational costs, or other unforeseen expenses. To file a motion to modify or amend a divorce decree for a decrease in child support in Delaware, the following steps should be taken: 1. Obtain the appropriate forms from the Delaware family court or its website. Ensure that you select the correct form based on the specific type of motion you are filing. 2. Fill out the forms accurately and completely, providing all necessary information such as the names of the parties involved, the case number, and the reasons for the requested modification. 3. Attach any supporting documentation that substantiates the reasons for the modification, such as pay stubs, tax returns, or medical bills. 4. File the completed forms and supporting documentation with the Delaware family court that issued the original divorce decree. Be sure to make copies for your records. 5. Pay any required filing fees, which may vary depending on the county and the specific motion being filed. 6. Serve the other party involved in the case with a copy of the filed motion and related documents. This is typically done by certified mail or through a process server. 7. Attend any scheduled hearings or court proceedings related to the motion, presenting your case and providing any additional evidence or witnesses as needed. It's important to note that the court will evaluate the modification request based on the best interests of the children. The requesting party must clearly demonstrate a substantial change in circumstances that justifies the reduction in child support. Consulting with an experienced family law attorney in Delaware is advisable to ensure the proper preparation and presentation of the motion. They can provide guidance throughout the process and help protect your rights and interests.