South Dakota 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. Title: Understanding South Dakota Motion to Modify or Amend Divorce Decree to Decrease Child Support: Types and Process Introduction: Child support is a crucial aspect of divorce and can experience changes over time due to various circumstances. In South Dakota, individuals have the legal right to file a Motion to Modify or Amend their Divorce Decree to decrease the amount of child support. This article will provide an in-depth description of the process, eligibility criteria, and different types of South Dakota Motion to Modify or Amend Divorce Decree to Provide for Decrease in Amount of Child Support. Keywords: South Dakota, Motion to Modify, Amend, Divorce Decree, Child Support, Decrease, Eligibility, Types I. Eligibility for Filing a Motion to Modify or Amend Divorce Decree: 1. Change in financial circumstances: Individuals seeking a decrease in child support must provide evidence of a substantial change in their finances, such as a loss of income, unemployment, or financial hardship. 2. Change in custody or visitation arrangements: Demonstrating a significant change in custody or visitation arrangements may warrant a decrease in child support obligations. II. Types of South Dakota Motion to Modify or Amend Divorce Decree to Provide for Decrease in Amount of Child Support: 1. Temporary Modification: — In cases of temporary financial hardships, such as unemployment, individuals can file for a temporary modification to reduce child support temporarily until their situation improves. — Temporary modifications are typically granted for a specific period and require the individual to resume their original child support payments afterward. 2. Permanent Modification: — Individuals can seek a permanent modification if there has been a substantial, long-term change in their financial circumstances, income, or obligations. — Examples may include job loss, disability, or significant decrease in income. — An evidentiary hearing is usually required to evaluate the petitioner's financial situation. III. Process of Filing a South Dakota Motion to Modify or Amend Divorce Decree: 1. Gather relevant documents: Collect documents supporting the substantial change in financial circumstances, such as tax returns, pay stubs, bank statements, and medical records if applicable. 2. Complete necessary forms: Obtain the appropriate forms required by the South Dakota court system for filing a Motion to Modify or Amend Divorce Decree. 3. Pay filing fees: Pay the necessary filing fees at the South Dakota court where the initial divorce decree was issued. 4. Serve the opposing party: Serve the other party involved in the divorce or child support case with a copy of the filed motion and court summons. 5. Attend court hearings: Attend all scheduled court hearings and provide evidence to support the requested decrease in child support. 6. Await the court's decision: The court will review all evidence, hearings, and arguments before making a decision on the modification request. Conclusion: In South Dakota, individuals experiencing a substantial change in their financial circumstances or custody/visitation arrangements have the option to file a Motion to Modify or Amend Divorce Decree to provide for a decrease in child support. By understanding the different types and following the proper legal process, individuals can seek a fair adjustment to their child support obligations. It is advisable to consult with a family law attorney to navigate the complexities of the South Dakota court system and ensure the best possible outcome.

Title: Understanding South Dakota Motion to Modify or Amend Divorce Decree to Decrease Child Support: Types and Process Introduction: Child support is a crucial aspect of divorce and can experience changes over time due to various circumstances. In South Dakota, individuals have the legal right to file a Motion to Modify or Amend their Divorce Decree to decrease the amount of child support. This article will provide an in-depth description of the process, eligibility criteria, and different types of South Dakota Motion to Modify or Amend Divorce Decree to Provide for Decrease in Amount of Child Support. Keywords: South Dakota, Motion to Modify, Amend, Divorce Decree, Child Support, Decrease, Eligibility, Types I. Eligibility for Filing a Motion to Modify or Amend Divorce Decree: 1. Change in financial circumstances: Individuals seeking a decrease in child support must provide evidence of a substantial change in their finances, such as a loss of income, unemployment, or financial hardship. 2. Change in custody or visitation arrangements: Demonstrating a significant change in custody or visitation arrangements may warrant a decrease in child support obligations. II. Types of South Dakota Motion to Modify or Amend Divorce Decree to Provide for Decrease in Amount of Child Support: 1. Temporary Modification: — In cases of temporary financial hardships, such as unemployment, individuals can file for a temporary modification to reduce child support temporarily until their situation improves. — Temporary modifications are typically granted for a specific period and require the individual to resume their original child support payments afterward. 2. Permanent Modification: — Individuals can seek a permanent modification if there has been a substantial, long-term change in their financial circumstances, income, or obligations. — Examples may include job loss, disability, or significant decrease in income. — An evidentiary hearing is usually required to evaluate the petitioner's financial situation. III. Process of Filing a South Dakota Motion to Modify or Amend Divorce Decree: 1. Gather relevant documents: Collect documents supporting the substantial change in financial circumstances, such as tax returns, pay stubs, bank statements, and medical records if applicable. 2. Complete necessary forms: Obtain the appropriate forms required by the South Dakota court system for filing a Motion to Modify or Amend Divorce Decree. 3. Pay filing fees: Pay the necessary filing fees at the South Dakota court where the initial divorce decree was issued. 4. Serve the opposing party: Serve the other party involved in the divorce or child support case with a copy of the filed motion and court summons. 5. Attend court hearings: Attend all scheduled court hearings and provide evidence to support the requested decrease in child support. 6. Await the court's decision: The court will review all evidence, hearings, and arguments before making a decision on the modification request. Conclusion: In South Dakota, individuals experiencing a substantial change in their financial circumstances or custody/visitation arrangements have the option to file a Motion to Modify or Amend Divorce Decree to provide for a decrease in child support. By understanding the different types and following the proper legal process, individuals can seek a fair adjustment to their child support obligations. It is advisable to consult with a family law attorney to navigate the complexities of the South Dakota court system and ensure the best possible outcome.