A party ordered to pay child support may also file a motion to modify the child support order if his or her financial circumstances change, which may prompt the court to issue an order modifying
the original child support order.
If you have a child with your new spouse, the amount of your income that is available to pay
your original child support order may be reduced, and this could result in a downward modification of your original child support obligations.
Typically, requests for child support modifications may be filed in the court that issued
the original child support order.
To seek a modification of your child support order, either for an increase or reduction, you must file Form 12.905 (b), Supplemental Petition for Modification of Child Support, with the jurisdiction where
the original child support order was made.
Not exact matches
Alternatively, if you are no longer required to pay
child support you will need to show not only documentation of the
original order but also documentation of when the liability ceased.
If you can demonstrate to the Court that circumstances have changed since your
original custody and
support order, and that a post-decree modification is in your
child's best interests, the Court may
order the change.
In the
original appeal, the ONCA had allowed the appeal but declined to
order a new trial, and had instead found that the record was sufficient to allow the court to calculate retroactive adjustments to
child and spousal
support.
Also, the change in income or circumstances must not have existed at the time the
original separation agreement or
Order for
child support was made.
Failure to pay
child support ordered in the
original divorce decree may result in the state taking action to enforce payment.
To increase
child support, you must modify the
original support order.
Spouses must bring
originals of several forms with them, including Findings of Fact and Conclusions of Law, the Decree of Dissolution, Parenting Plan Final
Order,
Order of
Child Support and
Child Support Work Sheet.
If you have a court
order for
child support, you may file a motion for enforcement of that
order with the same court that issued the
original order.
Child support can always be modified by the court upon the request of the parent, and may be granted in
order to meet changes in the needs of the
children, or to reflect changes in a parent's ability to pay the
original support order.
The Act governs interstate
child support enforcement and modification, and also provides for the establishment of an
original support order.
To participate both parents must live in Alberta and the
original order must have been based on the
Child Support Guidelines.
Parents will need to inform the school by 15 January 2015 that their
child was adopted from care in either England or Wales, and provide
supporting evidence (e.g. show the school the
original Adoption
Order).