Virgin Islands 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. In the Virgin Islands, a Motion to Modify or Amend Divorce Decree to Provide for a Decrease in the Amount of Child Support can be filed under certain circumstances. This legal process allows for a change in the existing child support order based on significant changes in the financial or custodial circumstances of the parties involved. A Motion to Modify or Amend Divorce Decree is typically filed when either the paying party (obliged) or the receiving party (obliged) experiences a substantial change in their financial situation, which may affect their ability to pay or the need for support. Various types of motions that can be filed to modify or amend the divorce decree in the Virgin Islands include: 1. Motion based on Change in Income: This type of motion is often filed when either party experiences a substantial increase or decrease in their income. A decrease in income of the obliged might justify a reduction in the child support amount, while an increase in income of the obliged may support an increase in child support. 2. Motion based on Change in Custody or Parenting Time: If there has been a significant change in the custody arrangement or parenting time schedule, either party can file a motion to modify child support. For example, if the obliged is granted additional parenting time or is now the custodial parent, this could warrant a decrease in the child support amount. 3. Motion based on Change in Financial Needs: If the child's financial needs have significantly changed since the issuance of the original child support order, either party can file a motion to modify child support. This could involve a change in the child's medical expenses, educational needs, or other pertinent factors affecting their support. 4. Motion based on Emancipation of a Child: When a child reaches the age of emancipation or becomes self-supporting, either the obliged or obliged can file a motion to modify or terminate child support. This motion seeks to address the change in financial responsibilities due to the child's newfound independence. It's important to note that filing a Motion to Modify or Amend Divorce Decree requires a thorough understanding of local laws and court procedures in the Virgin Islands. Seeking legal advice from a knowledgeable family law attorney is highly recommended ensuring the motion is appropriately prepared and presented to the court.

In the Virgin Islands, a Motion to Modify or Amend Divorce Decree to Provide for a Decrease in the Amount of Child Support can be filed under certain circumstances. This legal process allows for a change in the existing child support order based on significant changes in the financial or custodial circumstances of the parties involved. A Motion to Modify or Amend Divorce Decree is typically filed when either the paying party (obliged) or the receiving party (obliged) experiences a substantial change in their financial situation, which may affect their ability to pay or the need for support. Various types of motions that can be filed to modify or amend the divorce decree in the Virgin Islands include: 1. Motion based on Change in Income: This type of motion is often filed when either party experiences a substantial increase or decrease in their income. A decrease in income of the obliged might justify a reduction in the child support amount, while an increase in income of the obliged may support an increase in child support. 2. Motion based on Change in Custody or Parenting Time: If there has been a significant change in the custody arrangement or parenting time schedule, either party can file a motion to modify child support. For example, if the obliged is granted additional parenting time or is now the custodial parent, this could warrant a decrease in the child support amount. 3. Motion based on Change in Financial Needs: If the child's financial needs have significantly changed since the issuance of the original child support order, either party can file a motion to modify child support. This could involve a change in the child's medical expenses, educational needs, or other pertinent factors affecting their support. 4. Motion based on Emancipation of a Child: When a child reaches the age of emancipation or becomes self-supporting, either the obliged or obliged can file a motion to modify or terminate child support. This motion seeks to address the change in financial responsibilities due to the child's newfound independence. It's important to note that filing a Motion to Modify or Amend Divorce Decree requires a thorough understanding of local laws and court procedures in the Virgin Islands. Seeking legal advice from a knowledgeable family law attorney is highly recommended ensuring the motion is appropriately prepared and presented to the court.