Kansas 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 Kansas Motion to Modify or Amend Divorce Decree to Provide for a Decrease in the Amount of Child Support is a legal document filed by one party to request a change in the existing child support order due to a significant change in circumstances. This motion aims to lower the amount of child support payments based on relevant factors such as income changes, unemployment, disability, or other financial hardships. Extensive documentation and a valid reason must be provided to support the request. Keywords: Kansas, motion to modify, amend divorce decree, decrease in amount, child support, types, circumstances, income changes, unemployment, disability, financial hardships. Types of KC Motion to Modify or Amend Divorce Decree to Provide for Decrease in Amount of Child Support: 1. Motion to Modify Child Support Due to Decreased Income: This type is filed when the paying party experiences a substantial reduction in their income, leading to financial difficulties in meeting the current child support obligation. 2. Motion to Modify Child Support Due to Unemployment: When the paying party becomes unemployed, they may file this motion to seek a reduction in child support payments until they secure stable employment. 3. Motion to Modify Child Support Due to Disability: If the paying party becomes disabled and unable to work, they can file this motion to request a decrease in child support payments to align with their reduced income due to disability benefits or lack of any income source. 4. Motion to Modify Child Support Due to Extraordinary Financial Hardships: In cases of unforeseen financial burdens, such as medical expenses, high debts, or other financially challenging circumstances, the paying party may file this motion to modify the child support order and request a decrease in the support amount. When filing a Kansas Motion to Modify or Amend Divorce Decree to Provide for a Decrease in the Amount of Child Support, it is vital to gather all relevant documents, such as income statements, tax returns, unemployment records, or medical records to support the claim. Additionally, it is advisable to consult with an experienced family law attorney to ensure proper completion of the motion and present a strong case for the desired modification.