New Mexico 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 New Mexico Motion to Modify or Amend Divorce Decree to Provide for Decrease in Amount of Child Support is a legal document that allows a parent to request a reduction in the amount of child support they are obligated to pay. In New Mexico, there are several types of motions to modify or amend a divorce decree to provide for a decrease in child support, depending on the specific circumstances: 1. Change in Income Motion: If the paying parent has experienced a significant decrease in income, they can file a motion to modify the child support order based on their current financial situation. 2. Change in Custody Motion: If there has been a change in the custody arrangement, where the paying parent has gained additional physical custody or visitation rights, they can request a decrease in child support to reflect their increased time and financial responsibility. 3. Change in Child's Needs Motion: If there has been a substantial change in the child's needs, such as a decrease in healthcare expenses or educational costs, the paying parent can seek a reduction in child support based on the new circumstances. 4. Emancipation of Child Motion: If the child has reached the age of emancipation, completed their education, or become self-supporting, the paying parent can file a motion to modify or amend the divorce decree to terminate or decrease child support. 5. Change in Other Financial Obligations Motion: If the paying parent has encountered an unforeseen hardship, such as a medical emergency or job loss, which has made it difficult to meet their financial obligations, they can petition the court to decrease the amount of child support. When drafting a New Mexico Motion to Modify or Amend Divorce Decree to Provide for Decrease in Amount of Child Support, it is crucial to include the following essential information: 1. Identifying Details: Start by including the full names of both parents, the case number, and the court that issued the original divorce decree. 2. Reason for Modification: Clearly state the reason why you are seeking a decrease in child support, whether it is a change in income, custody, child's needs, emancipation, or other financial circumstances. 3. Supporting Evidence: Provide any relevant documentation, such as pay stubs, tax returns, custody arrangement details, or medical records, to support your claim for a reduction in child support. 4. Proposed New Child Support Amount: Clearly specify the new amount of child support you are requesting, along with the reasoning behind the proposed figure. 5. Signature and Date: Finally, sign and date the motion, and include your contact information. It is important to consult with a family law attorney or seek legal advice when preparing a New Mexico Motion to Modify or Amend Divorce Decree to Provide for Decrease in Amount of Child Support, as the specific requirements and procedures may vary.

A New Mexico Motion to Modify or Amend Divorce Decree to Provide for Decrease in Amount of Child Support is a legal document that allows a parent to request a reduction in the amount of child support they are obligated to pay. In New Mexico, there are several types of motions to modify or amend a divorce decree to provide for a decrease in child support, depending on the specific circumstances: 1. Change in Income Motion: If the paying parent has experienced a significant decrease in income, they can file a motion to modify the child support order based on their current financial situation. 2. Change in Custody Motion: If there has been a change in the custody arrangement, where the paying parent has gained additional physical custody or visitation rights, they can request a decrease in child support to reflect their increased time and financial responsibility. 3. Change in Child's Needs Motion: If there has been a substantial change in the child's needs, such as a decrease in healthcare expenses or educational costs, the paying parent can seek a reduction in child support based on the new circumstances. 4. Emancipation of Child Motion: If the child has reached the age of emancipation, completed their education, or become self-supporting, the paying parent can file a motion to modify or amend the divorce decree to terminate or decrease child support. 5. Change in Other Financial Obligations Motion: If the paying parent has encountered an unforeseen hardship, such as a medical emergency or job loss, which has made it difficult to meet their financial obligations, they can petition the court to decrease the amount of child support. When drafting a New Mexico Motion to Modify or Amend Divorce Decree to Provide for Decrease in Amount of Child Support, it is crucial to include the following essential information: 1. Identifying Details: Start by including the full names of both parents, the case number, and the court that issued the original divorce decree. 2. Reason for Modification: Clearly state the reason why you are seeking a decrease in child support, whether it is a change in income, custody, child's needs, emancipation, or other financial circumstances. 3. Supporting Evidence: Provide any relevant documentation, such as pay stubs, tax returns, custody arrangement details, or medical records, to support your claim for a reduction in child support. 4. Proposed New Child Support Amount: Clearly specify the new amount of child support you are requesting, along with the reasoning behind the proposed figure. 5. Signature and Date: Finally, sign and date the motion, and include your contact information. It is important to consult with a family law attorney or seek legal advice when preparing a New Mexico Motion to Modify or Amend Divorce Decree to Provide for Decrease in Amount of Child Support, as the specific requirements and procedures may vary.