Idaho > Statewide > District Court > Family Law
Motion To Modify Order Or Decree CAO GCSM 1-1 - Idaho
| Motion To Modify Order Or Decree Form. This is a Idaho form and can be used in Family Law District Court Statewide . |
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Full Name of Party Filing Document Mailing Address (Street or Post Office Box) City, State and Zip Code Telephone IN THE DISTRICT COURT FOR THE JUDICIAL DISTRICT FOR THE STATE OF IDAHO, IN AND FOR THE COUNTY OF , FATHER, vs. , MOTHER. State of Idaho, Department of Health and Welfare Case No. MOTION TO MODIFY AN ORDER OR DECREE (HW) Fee Category: Filing Fee: I, , Mother Father, ask the court to enter an order pursuant to Rule 60(c), I.R.C.P., modifying a previous Order/Decree entered in this case, and state: 1. The following child/ren under the age of 18 years, or 19 years and still pursuing a high school education, was/were born to or adopted by the parties: Name Date of Birth Addresses for last 5 years (city & state beginning with most recent) 2. Mother resides at (city, county, state) Father resides at (city, county, state) MOTION TO MODIFY AN ORDER OR DECREE (HW) CAO GCSM 1-1 12/7/2009 . . PAGE 1 American LegalNet, Inc. www.FormsWorkFlow.com 3. UCCJEA Jurisdiction. This court has jurisdiction to modify custody of our child/ren under the Uniform Child Custody Jurisdiction and Enforcement Act, Idaho Code ยง 32-11-101, et seq. a. I have not participated as a party or witness, in any other case involving our child/ren. or I have participated as a party or witness in the following case involving our children (provide all specifics including the parent's name, the state, the court, the case number and the date of the child custody order, if any): b. I do not know of any other case that could affect our child/ren. or I know of the following court case that could affect our child/ren (provide all specifics including the parent's name, the state, the court, the case number and the nature of the proceeding): c. Other than the parents, no one claims custody or visitation rights with our child/ren. or In addition to the parents, the following person/s claim custody or visitation for our child/ren (list names and addresses): d. Our child/ren live(s) only with both parents. or If our child/ren lives(s) with someone other than a parent, the name(s) and present address(es) of the person(s) with whom our child/ren live(s) is/are: 4. There have been substantial and material changes in the circumstances of the parties since the date of the last Order/Decree herein. The following changes have occurred (check all boxes that apply): The custodial arrangement. The gross annual income of one or both parents. A parent is providing medical insurance. The parent claiming the tax dependency exemption should be changed. (other reason) 5. Custody. No change. or The moving party requests that the court modify the order entered (date of last custody order) follows: MOTION TO MODIFY AN ORDER OR DECREE (HW) CAO GCSM 1-1 12/7/2009 American LegalNet, Inc. www.FormsWorkFlow.com respecting custody of the minor child/ren as PAGE 2 Legal Custody. No change. or Both parties are fit to act as parents. It is in the best interest of our child/ren that we be awarded joint legal custody. or It is in the best interest of our child/ren that awarded sole legal custody because be Physical Custody. No change. or It is in the best interest of our child/ren that we be awarded joint physical custody of our child/ren according to the Parenting Plan which is attached as Exhibit A. or should be awarded sole physical custody of our child/ren because should spend time with our child/ren as follows: or in accordance with the Parenting Plan which is attached as Exhibit A. 6. Child Support. Child support has already been set and Plaintiff asks it continue as shown by the there has been a substantial attached Order, "Exhibit B" (if checked, skip to section 9), or and material change in circumstances and the amount of child support should be changed and the order issued by this Court should control. and/or Child support should be paid by (name) based on the Idaho Child Support Guidelines, according to the Affidavit Verifying Income and Child MOTION TO MODIFY AN ORDER OR DECREE (HW) CAO GCSM 1-1 12/7/2009 PAGE 3 American LegalNet, Inc. www.FormsWorkFlow.com Support Worksheet(s) attached as "Exhibit B". The basic child support is (see child support worksheet) $ . day of the month after the Custody Child support payments should begin on the Order is signed and continue to be paid on the same day of each following month until the child/ren for whom support is being paid reach/es the age of eighteen. If a child for whom support is being paid continues his/her high school education after reaching the age of eighteen (18) years, child support payments should continue until the child discontinues his/her high school education or reaches the age of nineteen (19) years, whichever is sooner. Payment should be made payable to the Department of Health and Welfare and sent to Idaho Child Support Receipting, P.O. Box 70008, Boise, ID 837070108. Notice The court is required to order income withholding in all child support orders. Income withholding is enforced by a withholding order issued to the paying parent's employer without additional notice to the paying parent, according to Idaho Code Section 32-1204. The support order can also be enforced by license suspension or the filing of a lien upon all real and personal property of the paying parent. a. Multiple Children. (if applicable) We have more than one minor child. If this child support order has not been modified, when one child is no longer entitled to support, basic child support for the remaining child/ren should continue in the amount of $ per month; when two children are no longer entitled to support, basic child support for the remaining child/ren should continue in the amount of $ per month; when three children are no longer entitled to support, basic child support for the remaining child should continue in the amount of $ b. Extended Visits. (if applicable) Our child/ren live/s in the home of one parent at least 75% of the time. (If selected, check the boxes below that apply. Otherwise, go to the next section.) per month. When the parent paying child support has physical custody of the child/ren for 14 or more overnights in a row, the amount of basic child support should be reduced for that period of time. However, visitation of two overnights or less with the other parent should not eliminate the reduction of basic child support during extended visits. The child support reduction for the period of the actual physical custody should be 50% or (other percentage) % of the basic child suppo
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