Wake North Carolina 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: Wake
• 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. A Wake North Carolina Motion to Modify or Amend Divorce Decree to Provide for Decrease in Amount of Child Support refers to a legal process through which a party requests a court to review and potentially reduce the amount of child support payments stated in their existing divorce decree. This motion is typically filed when there has been a significant change in circumstances that necessitates a decrease in child support obligations. In Wake North Carolina, there are primarily two types of motions relevant to modifying or amending child support: 1. Motion to Modify Child Support: This type of motion is filed by an individual seeking to decrease the amount of child support they are currently obligated to pay. Potential grounds for this motion could include a decrease in income, unemployment, disability, or a significant change in the financial situation of either parent. The requesting party must provide substantial evidence to support their claims and demonstrate that the modification is in the best interest of the child. 2. Motion to Amend Child Support: This motion, on the other hand, is filed when both parties mutually agree to a decrease in child support payments. It often occurs when both parents have reached a new agreement regarding child support outside of court. However, to make it legally binding, they must file a motion to amend the divorce decree with the updated child support arrangements. This motion should include the new agreed-upon amount and accompanying documentation supporting the change. When filing a Motion to Modify or Amend Divorce Decree to Provide for Decrease in Amount of Child Support in Wake North Carolina, it is crucial to include key information. The documentation should clearly outline the reasons for the requested modification, provide supporting financial evidence, and highlight how the change will benefit the child's welfare. Additionally, documentation of any factors influencing the change, such as loss of employment or a reduction in income, should be included to substantiate the request. Child support modifications are determined on a case-by-case basis, and the court will review the circumstances to ensure fairness and the child's best interests. It is recommended to seek legal advice from a family law attorney experienced in Wake North Carolina child support matters to understand the specific requirements, guidelines, and procedures associated with filing a Motion to Modify or Amend Divorce Decree to Provide for Decrease in Amount of Child Support.

A Wake North Carolina Motion to Modify or Amend Divorce Decree to Provide for Decrease in Amount of Child Support refers to a legal process through which a party requests a court to review and potentially reduce the amount of child support payments stated in their existing divorce decree. This motion is typically filed when there has been a significant change in circumstances that necessitates a decrease in child support obligations. In Wake North Carolina, there are primarily two types of motions relevant to modifying or amending child support: 1. Motion to Modify Child Support: This type of motion is filed by an individual seeking to decrease the amount of child support they are currently obligated to pay. Potential grounds for this motion could include a decrease in income, unemployment, disability, or a significant change in the financial situation of either parent. The requesting party must provide substantial evidence to support their claims and demonstrate that the modification is in the best interest of the child. 2. Motion to Amend Child Support: This motion, on the other hand, is filed when both parties mutually agree to a decrease in child support payments. It often occurs when both parents have reached a new agreement regarding child support outside of court. However, to make it legally binding, they must file a motion to amend the divorce decree with the updated child support arrangements. This motion should include the new agreed-upon amount and accompanying documentation supporting the change. When filing a Motion to Modify or Amend Divorce Decree to Provide for Decrease in Amount of Child Support in Wake North Carolina, it is crucial to include key information. The documentation should clearly outline the reasons for the requested modification, provide supporting financial evidence, and highlight how the change will benefit the child's welfare. Additionally, documentation of any factors influencing the change, such as loss of employment or a reduction in income, should be included to substantiate the request. Child support modifications are determined on a case-by-case basis, and the court will review the circumstances to ensure fairness and the child's best interests. It is recommended to seek legal advice from a family law attorney experienced in Wake North Carolina child support matters to understand the specific requirements, guidelines, and procedures associated with filing a Motion to Modify or Amend Divorce Decree to Provide for Decrease in Amount of Child Support.