Contra Costa California Joint Petition to Modify or Amend Divorce Decree by Terminating Child Support - Minor Left Home, Living Independently, Refuses to Work or Go to School

State:
Multi-State
County:
Contra Costa
Control #:
US-02039BG
Format:
Word; 
Rich Text
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Description

The following form is a Petition that adopts the notice pleadings format of the Federal Rules of Civil Procedure, which have been adopted by most states in one form or another.


This form is a generic example that may be referred to when preparing such a form for your particular state. It is for illustrative purposes only. Local laws should be consulted to determine any specific requirements for such a form in a particular jurisdiction.


Contra Costa California Joint Petition to Modify or Amend Divorce Decree by Terminating Child Support — Minor Left Home, Living Independently, Refuses to Work or Go to School In Contra Costa County, California, when a minor child has left home, is living independently, and refuses to work or attend school, parents can file a joint petition to modify or amend the existing divorce decree to terminate child support. This legal process allows parents to address the changing circumstances and financial responsibilities related to the child's situation. Child support is a legal obligation that parents have towards their minor children to provide financial support for their upbringing and well-being. However, when a child has reached the age of majority, left the parental home, and willingly chooses not to seek employment or further education, circumstances may warrant a modification of the child support arrangement. The Contra Costa California Joint Petition to Modify or Amend Divorce Decree allows parents to request the termination of child support by demonstrating that the minor child is living independently and refusing to work or attend school. This type of petition should be filed jointly by both parents to ensure a streamlined legal process and avoid unnecessary conflicts. There may be different types of situations that fall under this joint petition, such as: 1. Minor Child Emancipation: If a minor child has legally emancipated themselves, meaning they have become financially self-sufficient and independent, parents can seek to terminate child support by filing this joint petition. 2. Willful Neglect of Education or Employment: If the child is of legal age and capable of seeking employment or continuing their education but refuses to do so, the parents can seek termination of child support through this joint petition. 3. Independent Living Expenses: If the minor child is living independently and fully responsible for covering their own living expenses, parents can jointly file this petition to modify or amend the divorce decree and terminate child support. It is important for parents to gather relevant evidence, such as documentation of the child's independent living arrangements, their refusal to work or attend school, and proof of their financial independence. This evidence will strengthen the joint petition and increase the likelihood of a successful modification or termination of child support. Upon filing the joint petition, it is crucial to follow the court's procedures and attend any required hearings. Seeking legal advice from a qualified family law attorney experienced in Contra Costa County is highly recommended ensuring a thorough understanding of the process and proper representation in court proceedings. Overall, the Contra Costa California Joint Petition to Modify or Amend Divorce Decree by Terminating Child Support provides an avenue for parents to address changed circumstances when a minor child has left home, is living independently, refuses to work or go to school. This process ensures fairness and adequacy in aligning child support obligations with the current situation of the child.

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FAQ

To ask for a court hearing to change your existing custody and visitation order: Fill out your court forms.Have your forms reviewed.Make at least 2 copies of all your forms.File your forms with the court clerk.Get your court date or mediation date.Serve your papers on the other parent.File your Proof of Service.

Asking the court to change a child support order Request for Order (Form FL-300 ); and. Income and Expense Declaration (Form FL-150 ) OR a Financial Statement (Simplified) (Form FL-155 ).

Typically, to terminate or modify your child support arrangement, you will need to complete paperwork and submit it to the court for approval. You will have file a request for a hearing (Form-FL 300) and ask the court to end child support payments. After you file, the clerk will assign a court date.

Under California law, either parent can request to modify child support after every three years, or if there has been a substantial change in circumstances since the order was decreed.

Forms to Ask for Child Support With a Petition for Custody and Support of Minor Children. You need to use either Form FL-150 or Form FL-155. ) to find out if you can use the simpler Form FL-155. A lawyer or family law facilitator can help you decide which form to use.

Go to your mediation and court hearing Child Custody and Visitation (Parenting Time) Order Attachment (Form FL-341 ) Supervised Visitation Order (Form FL-341(A) ) Child Abduction Prevention Order Attachment (Form FL-341(B) ) Children's Holiday Schedule Attachment (Form FL-341(C) )

Under California law, the following strategies may be available to address back child support and arrears: Motion to Re-Determine Back Child Support.Compromise of Arrears Program.Suspension of Interest Under Chapter 13 Bankruptcy.Petition for 'Equitable Forgiveness'Motion to Set Aside Invalid Court Judgment.

California law does not look kindly on parents who fail to make their child support payments or who take it upon themselves to make a change in those payments without approval of the court or the person receiving support.

Can a child arrangement order be revoked or reversed? If both parents agree, then alternative arrangements can be put in place. If there is no agreement between the parents, then an application to court can also be made to discharge an order already in place.

A: In general, you have to file a request in court to end the child support. This request is called a motion. If you have a case with the local child support agency, you may be able to get your child support ended without having to go to court.

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Contra Costa California Joint Petition to Modify or Amend Divorce Decree by Terminating Child Support - Minor Left Home, Living Independently, Refuses to Work or Go to School