Virgin Islands Motion to Modify or Amend Divorce Decree to Provide for Increase in Amount of Child Support

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Multi-State
Control #:
US-00800BG
Format:
Word; 
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Description

This form is used 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.

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FAQ

If you wish to terminate child support, you must file a court form that states the reason why the support is no longer necessary. These reasons can include the child's age, marital status, or even his ability to self-support without additional financial assistance.

No. Under Maryland law, the right to receive child support is a right that belongs to a child. The custodial parent cannot waive child support owed to the child.

Change (modify) your child support order: Either parent may be eligible to modify a child support order if they can check at least one of the boxes: ? At least three years have passed since your order was last established, modified, or adjusted.

You can request a modification prior to the three years being up or for a lesser change in income, but you will have to show special circumstances to support the requested change and are not necessarily guaranteed a change in the support order.

A parent cannot avoid child support obligations by not making enough money on purpose. This is called voluntary impoverishment. In such a situation, the parent with a support obligation is making a free and conscious choice to be without adequate resources (not enough money) to meet their obligation.

It's important to understand that simply having another child does not automatically reduce your child support obligation. However, if your circumstances have changed, it is possible to seek a modification of the child support agreement.

The new version of Md. Code, Fam. Law § 12-204, which took effect on July 1, 2022, now provides a schedule of basic child support obligations for parents with a combined adjusted actual income up to $30,000 per month, or $360,000 per year.

(c) A termination of parental rights under this section terminates completely: (1) a parent's right to custody of, guardianship of, access to, visitation with, and inheritance from the child; and (2) a parent's responsibility to support the child, including the responsibility to pay child support.

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Virgin Islands Motion to Modify or Amend Divorce Decree to Provide for Increase in Amount of Child Support