Child Support Modification Motion

Child Support Modification Motion

Petitioner Name:   Petitioner Address:

Respondent Name:   Respondent Address:

Court:   Case Number:   Date of Filing:

Recitals

WHEREAS, on or about the Court entered a child support order in the above‑captioned matter establishing monthly support in the amount of $ for the benefit of the parties' minor child(ren);

WHEREAS, Petitioner alleges there has been a material change in circumstances since entry of the current order affecting the ability of a party to pay or the needs of the child(ren), including but not limited to changes in income, employment, health care costs, or parenting time;

WHEREAS, Petitioner seeks modification of the existing child support order to reflect current income, needs, and equitable relief where appropriate, and seeks immediate temporary relief pending final determination.

Now Therefore

NOW, THEREFORE, Petitioner hereby moves the Court for an order modifying the existing child support order and in support thereof states as follows.

1. Jurisdiction

This Court has jurisdiction to hear this Motion under the family law jurisdiction provisions applicable to the Court of competent jurisdiction. Venue is proper as the minor child(ren) reside within the territorial jurisdiction of this Court and the existing order was entered by this Court.

2. Children Affected

3. Basis for Modification

Petitioner alleges a material change in circumstances has occurred since the entry of the prior order. The change is substantial, unanticipated and directly affects the amount of child support payable or the ability of a party to pay. The specific factual basis for modification is set forth below.

4. Financial Information

To aid the Court in determining the appropriate modification, Petitioner states the following current financial information.

5. Relief Requested

Petitioner respectfully requests the following relief from the Court:

Modify the current child support obligation to the amount set forth below;

Address arrears and request specific plan for payment of arrears (if applicable)

Issue a temporary child support order effective immediately pending final hearing

6. Service and Notice

Petitioner will effect service of this Motion and any supporting financial declarations in accordance with applicable rules of civil procedure and family law. Petitioner requests that all notices and orders be sent to the address provided below.

7. Declaration

Petitioner declares under penalty of perjury under the laws of the applicable jurisdiction that the foregoing is true and correct to the best of Petitioner's knowledge and belief, and that Petitioner will provide full financial disclosure and supporting documentation at or before the hearing as required by the Court.

8. Prayer for Relief

WHEREFORE, Petitioner respectfully requests that the Court:

1. Grant this Motion and modify the child support order as requested herein;

2. Issue any temporary orders necessary to effectuate relief pending final hearing;

3. Order such other and further relief as the Court deems just and proper.

Miscellaneous Provisions

Governing Law. This Motion and any resulting order shall be governed by the law of the jurisdiction of the Court hearing this matter.

Entire Agreement. This Motion, together with any orders entered by the Court, constitutes the complete statement of the relief requested herein and supersedes any prior informal communications regarding modification of child support.

Severability. If any provision of this Motion is held to be invalid or unenforceable, the remaining provisions shall remain in full force and effect.

Amendments. Petitioner reserves the right to amend or supplement this Motion upon receipt of additional information or documentation.

Waiver. The failure of any party to enforce any provision of this Motion shall not operate as a waiver of that provision or any other provision.

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