San Jose 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
City:
San Jose
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.


San Jose, 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 is a legal process that allows divorced parents in San Jose, California to request a modification or amendment to their existing divorce decree regarding child support. This particular petition specifically addresses situations where a minor child has left home, is living independently, and refuses to either work or attend school. In San Jose, California, if a divorced parent finds themselves in a situation where their minor child has chosen to leave home and is living independently without working or attending school, they may seek a modification or termination of child support through a joint petition. The purpose of this legal procedure is to address the change in circumstances and ensure that child support payments are adjusted accordingly. It is important to note that there may be different types or variations of San Jose, 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. These variations may arise depending on the specific circumstances of each case. For example: 1. Joint Petition with Agreement: In this scenario, both parents come to a mutual understanding and agreement regarding the termination or modification of child support. They jointly file a petition with the court, specifying the circumstances under which child support should be terminated or modified. 2. Disagreement Joint Petition: In some cases, both parents may have differing opinions on whether child support should be terminated or modified. In such situations, they can still file a joint petition, but one party may present arguments supporting the termination or modification of child support, while the other party may present opposing reasons. 3. Unilateral Petition: If one parent wishes to modify or terminate child support, whereas the other parent disagrees, a unilateral petition may be filed. This means that only one parent initiates the petition, and the court will evaluate the evidence and arguments presented by both parties to make a decision. Regardless of the specific type, a San Jose, 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 enables divorced parents to address the unique circumstances of their minor child's decision to live independently without pursuing work or education. By involving the court, the aim is to ensure a fair resolution that considers the best interests of the child and financial stability of both parents involved.

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FAQ

Asking the court to change a child support 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.Serve your papers on the other parent (and the LCSA if involved)File your proof of service.Go to your court hearing.

You can change an existing court order or consent order. You can also ask a court to enforce an order if your ex-partner is not following it. If you ask the court to change or enforce an order, you'll probably have to go to a court hearing. You can usually avoid this if you get help outside of court instead.

To ask a court to set aside (cancel) a court order or judgment, you have to file a request for order to set aside, sometimes called a motion to set aside or motion to vacate. The terms set aside or vacate a court order basically mean to cancel or undo that order to start over on a particular issue.

To put it simply, yes, parents can potentially modify their custody arrangement without going to court in California. If the parties can agree upon the child custody and visitation modifications, they are free to enter into a stipulation which is then signed by a family court judge.

In malicious parent syndrome, one parent attempts to punish the other parent and can even go too far to harm or deprive their children of the other parent by placing the other parent in a bad light.

The answer is usually no, a parent cannot stop a child from seeing the other parent unless a court order states otherwise. This question often comes up in the following situations. The parents (whether married or unmarried) are no longer together and the child resides with one of the parents.

A change of circumstances refers to the showing required by a party seeking to modify a prior child support, spousal support, or custody order. Generally, the change in circumstances must be substantial in nature and due to facts that were unknown or unanticipated when the prior order was issued.

These steps can help you steer through the child support modification process. For most parents obtaining a new order that modifies your support may take at least 6 months.

Parental Alienation Syndrome is the deliberate attempt by one parent to distance his/her children from the other parent.

What you want to do is take your ex to court to enforce the child custody order. If you can prove that he or she is intentionally withholding the children from you, the court will take action to enforce the court orders.

Interesting Questions

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Jury Trial. This case involved a divorce wherein the father was represented by a Los Angeles, California attorney and the mother was represented by a Los Angeles, California attorney. Both parties had a dispute on the support between them. To resolve the conflict, they both filed petitions for modification of the support. The mother then moved to terminate the maintenance arrangement. After the divorce was finalized, the father sued for 500,000 in “compensatory” child support. The daughter filed her own countersuit asking for a modification of the support. The jury found in favor of the father and awarded him 150,000 in compendium as a result of the child support issue. The jury said that the support was for a period not exceeding 10 years. The jury found that they found that she was “entitled to receive more for her support than she requested.” This trial is an excellent case study in how child support is adjudicated in the United States.

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San Jose 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