Idaho 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.

An Idaho Motion to Modify or Amend Divorce Decree to Provide for a Decrease in Amount of Child Support is a legal process that allows a parent to request a modification to an existing child support order in Idaho, seeking a reduction in the amount of support payments. This motion can be filed by either the paying parent or the receiving parent, but certain conditions must be met to support this request for modification. There are several types of Idaho Motions to Modify or Amend Divorce Decree to Provide for a Decrease in Amount of Child Support, including: 1. Change in Financial Circumstances: This type of motion is typically filed when there has been a significant change in the financial situation of either parent. Examples of such changes may include a loss of a job, reduction in income, disability, or a substantial increase in expenses. 2. Change in Custody or Parenting Time: If there has been a significant change in the custody or parenting time arrangement since the original child support order was issued, a motion to modify child support can be filed. For instance, if the paying parent now has more parenting time, it could potentially affect the child support calculation. 3. Child's Emancipation: When a child reaches the age of emancipation (usually 18 years old) or other specific conditions outlined in the divorce decree, an Idaho Motion to Modify or Amend Divorce Decree to Provide for a Decrease in Amount of Child Support can be initiated. This is done to reflect the change in the child's status and potentially reduce or terminate the child support obligation. In order to file a motion for a decrease in child support, the requesting parent needs to demonstrate a substantial and material change in circumstances that justifies the modification. Examples of relevant keywords for an Idaho Motion to Modify or Amend Divorce Decree to Provide for a Decrease in Amount of Child Support may include: — Idaho child suppormodificationio— - Decrease child support in Idaho — Modifying child support payments in Idaho — Change child support ordeIdahoah— - Idaho child support reduction — Grounds for modifying child support in Idaho — Child support modification process in Idaho — Idaho child support guideline— - Terms and conditions for child support modification in Idaho — Legal requirements for decreasing child support in Idaho Please note that this content is meant to provide a general overview and should not be considered legal advice. It is recommended to consult with a qualified family law attorney to understand the specific requirements and process for filing an Idaho Motion to Modify or Amend Divorce Decree to Provide for a Decrease in Amount of Child Support.