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.
A Kings New York Motion to Modify or Amend Divorce Decree to Provide for Increase in Amount of Child Support is a legal document filed by a parent seeking to modify or amend the terms of their divorce decree concerning child support. This motion is usually submitted when the parent believes there has been a substantial change in circumstances warranting an increase in the amount of child support payments. In Kings County, New York, there are different types of motions that can be used to seek a modification or amendment of child support: 1. Kings New York Motion to Modify Child Support: This motion is filed when a parent wants to increase the amount of child support due to a significant change in financial circumstances. It could be due to a promotion, increased income, or change in employment status. The court will evaluate the evidence provided to determine whether the increase is justifiable and in the best interest of the child. 2. Kings New York Motion to Amend Child Support: This type of motion is filed when a parent seeks to modify the child support amount due to a change in circumstances that are not solely financial. It could be related to medical needs of the child, educational expenses, or changes in the child's living arrangements. The court will weigh the factors presented and assess whether an amendment is necessary to support the child's best interests. 3. Kings New York Motion to Provide for Increase in Child Support: When a parent believes that the current child support amount is insufficient to meet the child's needs, they can file this motion. It can be supported by evidence showing a significant increase in expenses related to the child's education, healthcare, or extracurricular activities. The court will consider the child's best interests while determining the necessity for a higher child support amount. In any motion to modify or amend child support in Kings County, it is essential to provide supporting evidence and documentation. This may include income tax returns, pay stubs, medical bills, school expenses, and any other relevant financial records. A detailed explanation of the change in circumstances and how it affects the child's well-being is also crucial. It's important to note that filing a Kings New York Motion to Modify or Amend Divorce Decree to Provide for an Increase in the Amount of Child Support doesn't guarantee a change in the support order. The court will carefully review the evidence and arguments presented by both parties before making a decision that serves the best interests of the child.