Los Angeles California 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
• County: Los Angeles
• 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. Los Angeles, California Motion to Modify or Amend Divorce Decree to Provide for Decrease in Amount of Child Support is a legal process that allows divorced parents to request a change in the established child support payments. This motion is pursued when there is a significant change in either the paying parent's income or the needs of the child, rendering the current child support arrangement unfair or unfeasible. Keywords: Los Angeles, California, motion to modify, amend divorce decree, decrease in amount, child support. Types of Los Angeles, California Motion to Modify or Amend Divorce Decree to Provide for Decrease in Amount of Child Support: 1. Financial Hardship Motion: A Financial Hardship Motion is filed when the paying parent experiences a substantial decrease in income due to reasons like unemployment, demotion, or reduced working hours. This motion aims to lower the child support payment responsibilities to align with the parent's current financial situation. 2. Change in Needs Motion: A Change in Needs Motion is pursued when there is a significant change in the child's circumstances, such as medical conditions, educational expenses, or extracurricular activities that necessitate a decrease in the amount of child support. This motion aims to ensure the child's needs are adequately met while considering the paying parent's financial resources. 3. Custodial Arrangement Modification Motion: If there is a change in the custodial arrangement, such as the child spending more time with the paying parent or transferring primary custody to them, a Custodial Arrangement Modification Motion may be filed. This motion seeks to adjust the child support amount based on the new custody arrangement and the respective financial responsibilities of each parent. 4. Overpayment Motion: An Overpayment Motion is filed when the paying parent realizes that they have been overpaying the child support amount due to miscalculations or errors in the original divorce decree. This motion aims to rectify the overpayment by requesting a decrease in the ongoing child support amount or seeking credit for the overpaid sum. 5. Change in Child's Age Motion: When a child reaches a certain age, their financial needs may change significantly. This motion can be filed when the child turns 18 or graduates from high school, as their expenses may decrease, warranting a decrease in the child support amount. It is important to consult with a qualified family law attorney to determine the most appropriate type of motion based on your specific circumstances and to ensure compliance with the laws and regulations in Los Angeles, California.

Los Angeles, California Motion to Modify or Amend Divorce Decree to Provide for Decrease in Amount of Child Support is a legal process that allows divorced parents to request a change in the established child support payments. This motion is pursued when there is a significant change in either the paying parent's income or the needs of the child, rendering the current child support arrangement unfair or unfeasible. Keywords: Los Angeles, California, motion to modify, amend divorce decree, decrease in amount, child support. Types of Los Angeles, California Motion to Modify or Amend Divorce Decree to Provide for Decrease in Amount of Child Support: 1. Financial Hardship Motion: A Financial Hardship Motion is filed when the paying parent experiences a substantial decrease in income due to reasons like unemployment, demotion, or reduced working hours. This motion aims to lower the child support payment responsibilities to align with the parent's current financial situation. 2. Change in Needs Motion: A Change in Needs Motion is pursued when there is a significant change in the child's circumstances, such as medical conditions, educational expenses, or extracurricular activities that necessitate a decrease in the amount of child support. This motion aims to ensure the child's needs are adequately met while considering the paying parent's financial resources. 3. Custodial Arrangement Modification Motion: If there is a change in the custodial arrangement, such as the child spending more time with the paying parent or transferring primary custody to them, a Custodial Arrangement Modification Motion may be filed. This motion seeks to adjust the child support amount based on the new custody arrangement and the respective financial responsibilities of each parent. 4. Overpayment Motion: An Overpayment Motion is filed when the paying parent realizes that they have been overpaying the child support amount due to miscalculations or errors in the original divorce decree. This motion aims to rectify the overpayment by requesting a decrease in the ongoing child support amount or seeking credit for the overpaid sum. 5. Change in Child's Age Motion: When a child reaches a certain age, their financial needs may change significantly. This motion can be filed when the child turns 18 or graduates from high school, as their expenses may decrease, warranting a decrease in the child support amount. It is important to consult with a qualified family law attorney to determine the most appropriate type of motion based on your specific circumstances and to ensure compliance with the laws and regulations in Los Angeles, California.