Nevada 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 Nevada Motion to Modify or Amend Divorce Decree to Provide for a Decrease in Amount of Child Support is a legal document that allows a parent to request a change in the existing child support order. This motion is filed with the court and must meet certain requirements to be considered. There are two types of Nevada Motion to Modify or Amend Divorce Decree to Provide for a Decrease in Amount of Child Support: 1. Voluntary Modification: This type of motion is filed when both parents agree to the modification of child support. It requires both parties to sign an agreement stating their consent to the decreased amount. The court will review and approve the agreement if it is deemed to be in the best interest of the child. 2. Petition for Modification: This type of motion is filed when one parent believes there has been a significant change in circumstances since the original child support order was issued. Examples of significant changes include a decrease in income or job loss, the recipient parent's remarriage or cohabitation, or a change in the child's needs. The parent filing the motion must demonstrate to the court the substantial change and explain how it justifies the reduction in child support. When drafting a Nevada Motion to Modify or Amend Divorce Decree to Provide for a Decrease in Amount of Child Support, it is crucial to include relevant keywords and information. These can include: 1. Custodial Parent: Identify the custodial parent, who is the primary caregiver of the child and the recipient of child support. 2. Noncustodial Parent: Specify the noncustodial parent, who is typically the one making child support payments. 3. Original Divorce Decree: Mention the date and details of the original divorce decree, including the court that issued it. 4. Reason for Modification: Clearly state the reasons why a modification of child support is being sought, such as a change in income, financial hardship, or the child's changing needs. 5. Supporting Evidence: Include any supporting evidence that substantiates the need for a decrease in child support, such as income documents, medical bills, or educational expenses. 6. Proposed Decreased Amount: Clearly state the requested new amount for child support and provide calculations or documentation supporting the proposed decrease. Remember to consult with an attorney or legal professional when preparing a Nevada Motion to Modify or Amend Divorce Decree to Provide for a Decrease in Amount of Child Support, as they can provide guidance and ensure your motion meets all legal requirements.