Get Agreement for Modification of Judgment and Termination of Child Support

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IN THE ___COURT OF ___ (County), ___ (State) ___ (Name of Petitioner) V.PLAINTIFF CAUSE NO. ______ (Name of Respondent)DEFENDANTAgreement for Modification of Judgment and Termination of Child Support
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FAQ

Child Support Modifications Aren't (Usually) Retroactive In most cases, the court will only consider changing the child support order back to the date you filed the motion to modify.

It is possible to have your child support order modified without having to go to court--but only in very limited circumstances. ... If a COLA clause is included in your child support order, you don't need to go before a judge in order to modify the payment amount based on an increase or decrease in the cost of living.

A change in a court order is called a modification. Either parent can request that the Child Support Services Department review his or her child support case for modification. Generally, a modification must be based upon a "substantial change of circumstances" since the last order was made by the court.

You can change a custody agreement without going to court if you are able to come to an agreement with the other parent; but if not, then you will have to go to court so a judge can decide.

For example, while you can ask for a modification anytime after the original order has been established, if you file for a modification with the Friend of the Court, then you must wait three years before you can seek another modification directly with the Friend of the Court.

Gather your tax returns, income statements, any retirement income, proof of expenses, and current pay stubs. The court will want to see them all – and maybe other documents, too.

Asking for a change: Either parent or custodian can ask to have a child support order reviewed at least every three years or whenever there is a substantial change of circumstances (such as loss of employment or incarceration), to make sure that the order remains fair.

More than one parent can have a legal duty to pay child support for the same child. For example, if a parent with custody of a child separates from their marriage or common-law spouse who is not the child's birth parent, both the child's other birth parent and the step-parent may have a legal duty to pay child support.

Income Is a Factor Since child support is based primarily on parental income, a change in either parent's earnings may provide a good reason to modify support. ... In any case, one parent must go back to court to request a modification: It won't happen automatically.

To lower your payments, you will need to file a motion in court to modify your child support payments. You will need to file this motion in the court that issued the initial child support order. Most courts have pre-printed “fill in the blank” motion forms. You can check with the court clerk to see if they have a form.