Ex Parte Motion For OSC Re Temporary Modification of Judgment (Military Deployment) (4D)

IN THE CIRCUIT COURT OF THE STATE OF OREGON FOR THE COUNTY OF In the Matter of the Marriage of: , Petitioner, and , Respondent, and , Child who is at least 18 and under 21 years of age and unmarried. (ORS 107.108) Respondent. ) ) ) ) ) ) ) ) ) ) ) ) ) ) Case No. PETITIONER'S RESPONDENT'S EX PARTE MOTION FOR ORDER TO SHOW CAUSE re TEMPORARY MODIFICATION OF JUDGMENT re CUSTODY PARENTING TIME CHILD SUPPORT DUE TO MILITARY DEPLOYMENT Motion I am the Petitioner Respondent in this case. The parent who is or will be deployed for military duty is myself the other parent. I am asking the court to issue an order requiring the other party to appear in Circuit Court in the __________________________________ (courthouse) in ______________, Oregon, to show why the relief I am requesting should not be granted during the deployment. This relief concerns the parties' child/ren: _____________________________________________________________________________________ _____________________________________________________________________________________ ___________________________________________________________(List name/s and ages of the children) READ THIS BOX, THEN WRITE YOUR INITIALS HERE ______ I understand that: When a parent's military deployment is imminent or ongoing, court orders changing prior judgment terms about the child/ren because of that deployment will only be TEMPORARY. Any terms of the prior judgment not temporarily modified due to the deployment will remain in effect. The preexisting judgment terms about the child/ren will automatically go back into effect 10 days after the nondeployed parent receives official notice from the deployed parent that the deployment has ended. The only situation in which the temporary orders about the child/ren can continue in effect is if a judge finds (before those 10 days pass) that the child/ren would be in immediate danger or face irreparable harm if the prior terms are reinstated. /// /// /// MOTION FOR ORDER TO SHOW CAUSE re TEMPORARY MODIFICATION OF JUDGMENT American LegalNet, Inc. DUE TO MILITARY DEPLOYMENT - PAGE 1 OF 7 Modification-4D: MoShowCause4DVer01.doc (8/12) www.FormsWorkFlow.com I am asking the court to temporarily modify the judgment(s) signed on _________________________________(date(s)). The changes will reasonably accommodate the circumstances relating to deployment and are in the best interests of the child/ren. The court should enter a supplemental judgment with the following terms: 1. I want to change CUSTODY of the minor child/ren as follows: A. Petitioner Respondent to be awarded sole custody of the child/ren (list names): B. The parties have agreed to joint custody of the following child/ren (list names): C. Other: . I want to change the current court-ordered PARENTING TIME as follows: Petitioner Respondent should have: (fill in both sections): A. Parenting time while deployed and not on leave: (consider contact that includes phone, regular mail, email, Skype, and other video and visual imaging) 2. B. Parenting time while deployed but on leave as follows: as set forth in the attached Parenting Plan, labeled Exhibit ______. 3. I understand that the new order must require the nondeployed parent to provide the court and the deployed parent with written notice 30 days before a change of address or phone number during the period of deployment. 4. I want to change the existing CHILD SUPPORT OBLIGATION due to the changed circumstances resulting from the military deployment. (or I want the court to order child support due to the military deployment or (reason) even though no child support award currently exists.) /// /// /// MOTION FOR ORDER TO SHOW CAUSE re TEMPORARY MODIFICATION OF JUDGMENT DUE TO MILITARY DEPLOYMENT - PAGE 2 OF 7 American LegalNet, Inc. Modification-4D: MoShowCause4DVer01.doc (8/12) www.FormsWorkFlow.com A. Other Pending Child Support Cases. (Check one) No other agency or court child support proceeding is currently pending. There is/are other child support proceeding(s) currently pending in either an agency or court case (include any child support matter being heard as part of any other pending modification case). Information about these cases is set out in the CERTIFICATE RE: PENDING CHILD SUPPORT PROCEEDING and/or EXISTING CHILD SUPPORT ORDER attached to this petition. B. Other Child Support Orders. (Check one) No other child support orders, from an agency or court, are now in effect in the State of Oregon or any other state. There is/are other child support orders from an agency or court. Information about these orders is set out in the CERTIFICATE RE: PENDING CHILD SUPPORT PROCEEDING and/or EXISTING CHILD SUPPORT ORDERS/JUDGMENTS attached to this petition. C. Currently Effective Child Support Order. (Check any that apply.) The following child support order/s is/are now in effect: (List state, court/agency, case number, date of order) This order should remain in place and includes provisions for medical support for the child/ren, or This order is from an Oregon court or agency, one of the parents or the child/ren receiving support still resides in Oregon and the order should be changed because circumstances have changed since the last order was entered because of the deployment or the following reason: . D. Cash Child Support. (Complete 1 or 2) (1) The cash child support order currently in effect in the amount of $________ should terminate. No cash child support should be ordered during Petitioner's Respondent's deployment because: (2) The current cash support order paid by Petitioner Respondent in the amount of $___________ should change temporarily as follows (or no child support order currently exists but child support should be added temporarily as follows): complete (a) and (b): (a) Cash child support should be paid by Petitioner to Respondent or Respondent to Petitioner: In the amount of $__________ for _____ children. This is the amount presumed correct under the Oregon child support guidelines. or MOTION FOR ORDER TO SHOW CAUSE re TEMPORARY MODIFICATION OF JUDGMENT DUE TO MILITARY DEPLOYMENT - PAGE 3 OF 7 American LegalNet, Inc. Modification-4D: MoShowCause4DVer01.doc (8/12) www.FormsWorkFlow.com  In the amount of $__________ for _____ children. The amount of support presumed correct under the Oregon child support guidelines, $__________, would be unjust or inappropriate for the following reasons (The reasons must also be shown on the support worksheets you attach to this petition.) or In an amoun