New York 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.

New York Motion to Modify or Amend Divorce Decree to Provide for Decrease in Amount of Child Support is a legal procedure available for individuals in New York who desire to request a reduction in the amount of child support specified in their divorce decree. Here is a detailed description of this process, including key information and relevant keywords: 1. What is a Motion to Modify or Amend Divorce Decree? A Motion to Modify or Amend Divorce Decree is a legal motion filed by an individual seeking changes or modifications to certain terms in their divorce decree. In this case, it specifically pertains to a reduction in child support payments due to a change in circumstances. 2. Reasons to Request a Decrease in Child Support: There can be several valid reasons for seeking a decrease in the amount of child support. These may include: — Job loss or significant decrease in income — Change in the child's needs or expenses — Change in custody arrangement— - Remarriage or birth of additional children 3. Relevant Keywords: When drafting a Motion to Modify or Amend Divorce Decree to Provide for Decrease in Amount of Child Support, it is vital to include relevant legal terms and keywords. These might include: — New York child support modification— - Decrease in child support payments — Modifications of divorcdecreere— - Change in financial circumstances — Child support modificatioprocesses— - Child support guidelines 4. Different Types of Motion to Modify or Amend Divorce Decree to Provide for Decrease in Amount of Child Support: In New York, there are two different types of motions for modifying child support: a. "Motion for Downward Modification": This type of motion involves requesting a decrease in child support due to a change in circumstance such as a decrease in income. b. "Motion for Modification Based on Percentage of the Basic Child Support Obligation": This motion is filed when the parent with primary custody claims that there has been a substantial change in circumstances warranting a modification of child support. 5. Steps to File a Motion to Modify or Amend Divorce Decree: To file a Motion to Modify or Amend Divorce Decree to Provide for Decrease in Amount of Child Support, one should follow these general steps: a. Prepare the motion: Clearly state the reasons for requesting a decrease in child support, provide evidence to support your claims, and cite relevant legal authorities. b. Fill out the necessary forms: In New York, individuals may be required to complete forms specific to child support modification, such as the "Notice of Motion" and "Affidavit in Support." c. Serve the other party: The non-filing party must be properly served with a copy of the motion and supporting documents. d. File the motion with the court: Submit the completed motion and accompanying documents to the appropriate court, paying any required filing fees. e. Attend the hearing: In some cases, a hearing may be scheduled to present arguments and evidence before a judge. Remember, it is always wise to consult with an experienced family law attorney to ensure that your motion is well-drafted and legally sound. Please note that this content is provided for informational purposes only and does not constitute legal advice.