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.
Title: Understanding Hawaii Motion to Modify or Amend Divorce Decree to Provide for Increase in Amount of Child Support Keywords: Hawaii, motion to modify, amend divorce decree, child support, increase, relevant types Introduction: In Hawaii, a Motion to Modify or Amend Divorce Decree is filed to request a change in the terms of child support. When circumstances change over time, such as increased expenses or changes in parental income, it may be necessary to increase the amount of child support to meet the child's needs adequately. This article will provide a detailed description of the process and relevant types of motions to modify or amend a divorce decree to provide for an increase in the amount of child support in Hawaii. 1. Hawaii Motion to Modify Divorce Decree: When an individual wishes to increase the child support specified in their divorce decree, they must file a Motion to Modify the Decree with the Hawaii Family Court. This motion aims to demonstrate substantial changes in circumstances since the initial divorce decree was finalized, warranting an increase in child support. 2. Hawaii Motion to Amend Divorce Decree: Similar to the Motion to Modify, the Motion to Amend Divorce Decree serves as a request to increase the amount of child support specified in the original decree. The basic difference lies in the terminology used, where the term "amend" is employed instead of "modify." Both motions aim to achieve the same outcome — adjusting child support payments to reflect the current needs and financial situation of the child. 3. Demonstrating Material Change in Circumstances: To successfully obtain an increase in child support, one must provide evidence that a significant change in circumstances has occurred since the original divorce decree. Valid reasons for modifying child support may include: — Increase in the child's specific needs (education, medical expenses, etc.). — Substantial increase in the paying parent's income since the divorce. — Financial hardship faced by the receiving parent due to changes in their circumstances. — Changes in parenting time that impact the child's financial needs. 4. Gathering Supporting Documents: When filing a Motion to Modify or Amend a Divorce Decree, it is crucial to gather the necessary supporting documents. These typically include: — Recent financial statements and tax returns for both parents. — Documentation of the child's increased expenses, such as medical bills or school tuition. — Evidence of any changes in income or employment status, such as pay stubs or termination notices. — Records of visitation or parenting schedule changes affecting child support requirements. 5. Procedure for Filing: To file the motion, one must complete the necessary forms provided by the Hawaii Family Court. The forms typically include a Notice of Motion, an Affidavit, and a Child Support Guidelines Worksheet. It is advisable to consult with an attorney familiar with family law in Hawaii to ensure proper completion and submission of the required paperwork. Conclusion: When circumstances change after a divorce, it is essential to modify or amend a divorce decree to provide an increased amount of child support in Hawaii. Utilizing the appropriate motion, gathering supporting evidence, and following the correct filing procedures can increase the likelihood of obtaining the desired modification and ensuring the child's financial well-being. Seeking legal advice from a qualified family law attorney can provide invaluable guidance throughout the process.
Title: Understanding Hawaii Motion to Modify or Amend Divorce Decree to Provide for Increase in Amount of Child Support Keywords: Hawaii, motion to modify, amend divorce decree, child support, increase, relevant types Introduction: In Hawaii, a Motion to Modify or Amend Divorce Decree is filed to request a change in the terms of child support. When circumstances change over time, such as increased expenses or changes in parental income, it may be necessary to increase the amount of child support to meet the child's needs adequately. This article will provide a detailed description of the process and relevant types of motions to modify or amend a divorce decree to provide for an increase in the amount of child support in Hawaii. 1. Hawaii Motion to Modify Divorce Decree: When an individual wishes to increase the child support specified in their divorce decree, they must file a Motion to Modify the Decree with the Hawaii Family Court. This motion aims to demonstrate substantial changes in circumstances since the initial divorce decree was finalized, warranting an increase in child support. 2. Hawaii Motion to Amend Divorce Decree: Similar to the Motion to Modify, the Motion to Amend Divorce Decree serves as a request to increase the amount of child support specified in the original decree. The basic difference lies in the terminology used, where the term "amend" is employed instead of "modify." Both motions aim to achieve the same outcome — adjusting child support payments to reflect the current needs and financial situation of the child. 3. Demonstrating Material Change in Circumstances: To successfully obtain an increase in child support, one must provide evidence that a significant change in circumstances has occurred since the original divorce decree. Valid reasons for modifying child support may include: — Increase in the child's specific needs (education, medical expenses, etc.). — Substantial increase in the paying parent's income since the divorce. — Financial hardship faced by the receiving parent due to changes in their circumstances. — Changes in parenting time that impact the child's financial needs. 4. Gathering Supporting Documents: When filing a Motion to Modify or Amend a Divorce Decree, it is crucial to gather the necessary supporting documents. These typically include: — Recent financial statements and tax returns for both parents. — Documentation of the child's increased expenses, such as medical bills or school tuition. — Evidence of any changes in income or employment status, such as pay stubs or termination notices. — Records of visitation or parenting schedule changes affecting child support requirements. 5. Procedure for Filing: To file the motion, one must complete the necessary forms provided by the Hawaii Family Court. The forms typically include a Notice of Motion, an Affidavit, and a Child Support Guidelines Worksheet. It is advisable to consult with an attorney familiar with family law in Hawaii to ensure proper completion and submission of the required paperwork. Conclusion: When circumstances change after a divorce, it is essential to modify or amend a divorce decree to provide an increased amount of child support in Hawaii. Utilizing the appropriate motion, gathering supporting evidence, and following the correct filing procedures can increase the likelihood of obtaining the desired modification and ensuring the child's financial well-being. Seeking legal advice from a qualified family law attorney can provide invaluable guidance throughout the process.
