Montana 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.

Montana Motion to Modify or Amend Divorce Decree to Provide for Decrease in Amount of Child Support is a legal document used to request a change in the current child support payment arrangement due to a significant decrease in income or financial circumstances. This motion can be filed by either the paying or receiving parent in order to ensure that child support remains fair and feasible for both parties involved. In Montana, there are a few specific types of Motions to Modify or Amend Divorce Decree to Provide for Decrease in Amount of Child Support. They include: 1. Economic Changes: This type of motion is filed when there has been a substantial change in the financial situation of either parent, such as a job loss, decrease in salary, or unforeseen financial hardship. By demonstrating the significant economic change, the party can request a decrease in the amount of child support payments. 2. Change in Child Care Expenses: If there has been a significant change in the child's care needs or expenses, such as a change in medical insurance coverage or an increase in medical expenses, a motion can be filed to modify the child support amount accordingly. 3. Change in Custody or Visitation: If there has been a substantial change in the custody or visitation schedule, it may impact the child support arrangement. For example, if one parent now has less parenting time or if the child has relocated to a different school district, a motion can be filed to amend the child support order. When filing a Montana Motion to Modify or Amend Divorce Decree to Provide for Decrease in Amount of Child Support, it is crucial to include relevant keywords in the document and supporting arguments. Some essential keywords to incorporate might include: — Child suppormodificationio— - Decrease in child support — Change in financial circumstance— - Economic hardship — Substantial changincomeom— - Child care expenses — Custody modificatio— - Visitation modification — Modification of suppororderde— - Best interests of the child Overall, a Montana Motion to Modify or Amend Divorce Decree to Provide for Decrease in Amount of Child Support is a legal tool that aims to ensure that child support remains reasonable and fair in light of changing circumstances. By including the right keywords and addressing the specific circumstances, the motion can effectively demonstrate the need for a modification and increase the chances of success in court.