A Hawaii Motion to Modify or Amend Divorce Decree to Provide for Decrease in Amount of Child Support is a legal filing made by a party involved in a divorce case in Hawaii seeking to reduce the amount of child support payments previously set by the court. This motion is typically filed when there has been a significant change in circumstances that justifies a modification or amendment to the original child support order. Some relevant keywords for this topic include: Hawaii, motion to modify, amend, divorce decree, decrease, child support, and relevant legal terms such as "change in circumstances" and "modification of child support order." In Hawaii, there are different types of motions to modify or amend a divorce decree to provide for a decrease in child support, namely: 1. Motion Based on Substantial Change in Circumstances: This type of motion is commonly filed when the financial situation of one or both parents has significantly changed since the original child support order was issued. Examples could include a decrease in income, loss of employment, medical disability, or other significant changes that impact the ability to pay the specified amount of child support. 2. Temporary Change in Custody: In certain cases, the custodial arrangement may change temporarily due to factors such as illness, military deployment, or other unavoidable circumstances. When a noncustodial parent assumes temporary custody of the child for an extended period, they may file a motion to modify the child support order to reflect the new custody arrangement. 3. Aging out of Dependents: If a child included in the child support order reaches the age of majority or becomes emancipated, the noncustodial parent may seek a modification to decrease or terminate the child support obligation. It is important to note that any party seeking to modify the child support order must demonstrate a substantial change in circumstances or a valid reason as prescribed by Hawaii's laws. It is advisable to consult with an attorney experienced in family law to properly prepare and present the motion to the court to increase the chances of a successful outcome.
Hawaii Motion to Modify or Amend Divorce Decree to Provide for Decrease in Amount of Child Support
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How to fill out Hawaii Motion To Modify Or Amend Divorce Decree To Provide For Decrease In Amount Of Child Support?
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FAQ
Hawaii's statute of limitations for child support enforcement is the child's 33rd birthday or 10 years after the judgement was entered, whichever is later.
The person wanting the change may request that the Hawaii Child Support Enforcement Agency (CSEA) initiate a modification action.
For order modification, the request for an administrative hearing must be made within thirty (30) days of being served with the proposed administrative order. When a request for an administrative hearing is received, a hearing is scheduled only when both parties have been served.
The request must be made in writing and the requestor must have completed an application for CSEA services. Both methods require that the requestor provide the reason for the request including the change in circumstances from the time the last order was entered, if the order is less than three (3) years old.
The short answer is ? generally no. As discussed above, the formula looks at the gross monthly incomes of both parties, then factors in medical insurance premiums and child care expenses. In situations where one party is also paying alimony to the other party, that amount will be factored in as well.
To begin the modification process, you must file a motion for modification with the court. This motion should include a detailed explanation of the changes in circumstances and how they warrant a modification. Working with an experienced family law attorney is important to ensure your motion is filed correctly.
On a request by either party (the payor/?Responsible Parent? or the payee/?Custodial Parent?) to modify child support, CSEA's Administrative Processing Branch (?APB?) will send out income verification forms to both sides, requesting information on their individual incomes.
Hawaii child support is based on the number of overnight visits. Hawaii uses overnights or where the children sleep as the basis for figuring shared custody timeshare percentages in its child support formula. Besides income, overnight totals are a key part of the Hawaii child support formula.