The following form is a Petition that adopts the notice pleadings format of the Federal Rules of Civil Procedure, which have been adopted by most states in one form or another.
This form is a generic example that may be referred to when preparing such a form for your particular state. It is for illustrative purposes only. Local laws should be consulted to determine any specific requirements for such a form in a particular jurisdiction.
Pennsylvania Joint Petition to Modify or Amend Divorce Decree by Terminating Child Support — Minor Left Home, Living Independently, Refuses to Work or Go to School — Explained A Pennsylvania Joint Petition to Modify or Amend Divorce Decree by Terminating Child Support is a legal document that allows divorced parents to request termination of child support payments when a minor child is living independently, with no intention of either going to school or seeking employment. Here, we will delve into the details of this petition, its process, and potential variations: Overview of the Petition: In cases where a minor child has left home, is living independently, and refuses to work or go to school, the non-custodial parent can file a joint petition with the custodial parent to modify or amend the existing divorce decree. This petition aims to terminate child support payments, reflecting the changed circumstances and independence of the child. Requirements: To be eligible for this petition, several requirements must be met. Firstly, the child must have reached the age of majority, often set at 18 years old in Pennsylvania. Secondly, the child needs to be living separately from both parents and taking care of their own needs. Finally, the child should be demonstrating a clear unwillingness to continue their education or seek employment. These criteria establish the basis for filing the joint petition. Process: 1. Consultation: Both parents should consult their respective lawyers to understand the legal aspects, requirements, and implications of the joint petition process. 2. Drafting the Petition: With the assistance of their lawyers, the parents collaborate to draft a joint petition outlining the reasoning behind seeking termination of child support. This includes providing evidence of the child's independent living situation and noncompliance with education or work obligations. 3. Submitting the Petition: The completed joint petition, accompanied by supporting documentation, must be filed with the relevant Pennsylvania court. The court clerk will then assign a hearing date and provide copies of the petition to the custodial parent and the child. 4. Attending the Hearing: Both parents, and possibly the child, are required to attend the scheduled court hearing. During the hearing, evidence and arguments will be presented to support the request for terminating child support. The judge will evaluate the case, consider the best interests of the child, and make a ruling. Potential Variations: While the core concept of the joint petition remains the same, slight variations may arise depending on the particular circumstances of each case. These include: 1. Different Independent Living Arrangements: The independent living situation of the child can vary. They may be residing with a friend, family member, or even living alone. 2. Partial Support Termination: In some instances, rather than seeking complete termination of child support, the petition may request a reduction in the amount paid. This could be due to the child partially supporting themselves or the need to address specific financial obligations. 3. Specific Duration: It is possible for the joint petition to include specific language regarding the duration of the support termination. The parents may agree that the child can resume receiving support in the future if certain conditions or milestones are met. In conclusion, the Pennsylvania Joint Petition to Modify or Amend Divorce Decree by Terminating Child Support is aimed at recognizing and addressing the circumstances where a minor child is living independently, refusing to work or attend school. By following the proper legal process, parents can present their case to the court and seek a modification or termination of child support payments in accordance with the child's changed circumstances.Pennsylvania Joint Petition to Modify or Amend Divorce Decree by Terminating Child Support — Minor Left Home, Living Independently, Refuses to Work or Go to School — Explained A Pennsylvania Joint Petition to Modify or Amend Divorce Decree by Terminating Child Support is a legal document that allows divorced parents to request termination of child support payments when a minor child is living independently, with no intention of either going to school or seeking employment. Here, we will delve into the details of this petition, its process, and potential variations: Overview of the Petition: In cases where a minor child has left home, is living independently, and refuses to work or go to school, the non-custodial parent can file a joint petition with the custodial parent to modify or amend the existing divorce decree. This petition aims to terminate child support payments, reflecting the changed circumstances and independence of the child. Requirements: To be eligible for this petition, several requirements must be met. Firstly, the child must have reached the age of majority, often set at 18 years old in Pennsylvania. Secondly, the child needs to be living separately from both parents and taking care of their own needs. Finally, the child should be demonstrating a clear unwillingness to continue their education or seek employment. These criteria establish the basis for filing the joint petition. Process: 1. Consultation: Both parents should consult their respective lawyers to understand the legal aspects, requirements, and implications of the joint petition process. 2. Drafting the Petition: With the assistance of their lawyers, the parents collaborate to draft a joint petition outlining the reasoning behind seeking termination of child support. This includes providing evidence of the child's independent living situation and noncompliance with education or work obligations. 3. Submitting the Petition: The completed joint petition, accompanied by supporting documentation, must be filed with the relevant Pennsylvania court. The court clerk will then assign a hearing date and provide copies of the petition to the custodial parent and the child. 4. Attending the Hearing: Both parents, and possibly the child, are required to attend the scheduled court hearing. During the hearing, evidence and arguments will be presented to support the request for terminating child support. The judge will evaluate the case, consider the best interests of the child, and make a ruling. Potential Variations: While the core concept of the joint petition remains the same, slight variations may arise depending on the particular circumstances of each case. These include: 1. Different Independent Living Arrangements: The independent living situation of the child can vary. They may be residing with a friend, family member, or even living alone. 2. Partial Support Termination: In some instances, rather than seeking complete termination of child support, the petition may request a reduction in the amount paid. This could be due to the child partially supporting themselves or the need to address specific financial obligations. 3. Specific Duration: It is possible for the joint petition to include specific language regarding the duration of the support termination. The parents may agree that the child can resume receiving support in the future if certain conditions or milestones are met. In conclusion, the Pennsylvania Joint Petition to Modify or Amend Divorce Decree by Terminating Child Support is aimed at recognizing and addressing the circumstances where a minor child is living independently, refusing to work or attend school. By following the proper legal process, parents can present their case to the court and seek a modification or termination of child support payments in accordance with the child's changed circumstances.
