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.
In Wake County, North Carolina, a Joint Petition to Modify or Amend Divorce Decree by Terminating Child Support can be filed when a minor child has left home, is living independently, and either refuses to work or go to school. This legal process allows divorced parents to request the termination of child support obligations under specific circumstances. When a minor child voluntarily leaves their custodial parent's home and decides to live independently, it can create a unique situation for divorced parents. The Joint Petition to Modify or Amend Divorce Decree can be filed in Wake County Family Court to address this scenario. The key requirement for filing this joint petition is that the child must be living independently and must be refusing to work or attend school. In this situation, the custodial parent and non-custodial parent, who are both bound by the original divorce decree, can come together and jointly request the court to terminate the child support order. By filing this petition, the parents are seeking a modification or amendment to the existing divorce decree to reflect the change in circumstances. They argue that since the minor child is no longer living with the custodial parent and is self-supporting, it is no longer warranted or fair to continue with child support obligations. It's crucial to note that the refusal of the child to work or attend school is a significant factor in this particular type of joint petition. If the child is actively seeking employment or focusing on their education, terminating child support may not be pursued. Different variations of the Wake North Carolina Joint Petition to Modify or Amend Divorce Decree by Terminating Child Support may include situations where the minor child left home and is living independently but is willingly working or attending school. In such cases, the joint petition may not be filed, and child support obligations may continue until the child reaches the age of emancipation or until other circumstances arise. However, when a minor child has left home, is living independently, and refuses to work or go to school, the joint petition provides an avenue to address this unique situation. It enables the custodial and non-custodial parent to collaborate and approach the court with a shared request to modify or terminate child support, ensuring fairness and consideration of the changing circumstances.
