Petition To Modify An Order Judgment Or Decree (Department Of Health And Welfare) {CAO GCSM 1-1}

PETITION TO MODIFY AN ORDER, JUDGMENT, OR DECREE (HW) PAGE 1 CAO GCSM 1-1 04/01/2018 Full Name of Party Filing Document Mailing Address (Street or Post Office Box) City, State and Zip Code Telephone Email Address (if any) IN THE DISTRICT COURT FOR THE JUDICIAL DISTRICT FOR THE STATE OF IDAHO, IN AND FOR THE COUNTY OF , Petitioner, vs. , Respondent. State of Idaho , Department of Health and Welfare Case No. PETITION TO MODIFY AN ORDER, JUDGMENT, OR DECREE (HW) Fee Category: I, (your name) , ask the court to enter a Judgment as permitted by Rule 201(C) of the Idaho Rules of Family Law Procedure, modifying a previous Order, Judgment, or 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 Name Date of Birth Addresses for last 5 years (city & state beginning with most recent) 2. I reside at (city, county, state) . The other parent resides at (city, county, state) . 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 247 32American LegalNet, Inc. www.FormsWorkFlow.com PETITION TO MODIFY AN ORDER, JUDGMENT, OR DECREE (HW) PAGE 2 CAO GCSM 1-1 04/01/2018 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 parent222s 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 parent222s 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. Child Custody. No change. or There have been substantial and material changes with respect to child custody since the date of the last Order, Judgment or Decree. The changes that justify a modification are (list the facts, events and details that have changed and explain why those changes are significant enough to justify a modification). I request the court modify the Order, Judgment or Decree entered (date of last custody order, judgment or decree) as follows: a. 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 American LegalNet, Inc. www.FormsWorkFlow.com PETITION TO MODIFY AN ORDER, JUDGMENT, OR DECREE (HW) PAGE 3 CAO GCSM 1-1 04/01/2018 It is in the best interest of our child/ren that be awarded sole legal custody because b. 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 as described in the Parenting Plan attached as Schedule A. or should be awarded sole physical custody of our child/ren because should spend time with our child/ren as follows: or As described in the Parenting Plan attached as Schedule A. 5. Child Support. a. List all child support orders for any of the child/ren listed in Section 1. Provide the following: State County Court Case Number Date of order, judgment, or decree b. Do you want to change the amount of child support? No. I ask for it to continue. (If the order was from a different case please attach a copy of that order, judgment, or decree as Schedule B, skip section 6, and sign at the end.) Yes. The amount of child support should be changed and the judgment issued by American LegalNet, Inc. www.FormsWorkFlow.com PETITION TO MODIFY AN ORDER, JUDGMENT, OR DECREE (HW) PAGE 4 CAO GCSM 1-1 04/01/2018 this Court should control. (If the order was from a different case you may have to file a Motion to Consolidate to avoid having multiple child support orders.) Section 6. Complete all of Section 6 below to change child support. 6. a. Reasons for Changing Child Support. The following substantial and material changes since the date of the last Order, Judgment or Decree 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) b. New Child Support Amount. Child support should be paid by (full name of parent who will pay support) in the amount of $ per month, based on the Idaho Child Support Guidelines. This is based on the Affidavit Verifying Income and Child Support Worksheet(s) attached as 223Schedule B224. (see Recommended Adjusted support in the worksheet.) or Instead I ask that child support should be paid by (full name of parent who will pay support) in the amount of $ per month, because: (Attach Affidavit Verifying Income and Child Support Worksheet(s) as Schedule B.) c. Effective Date and Duration. Child support payments should begin (select one option): the month after petition is filed. or the month after the Judgment is signed. Child support should 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 American LegalNet, Inc. www.FormsWorkFlow.com PETITION TO MODIFY AN ORDER, JUDGMENT, OR DECREE (HW) PAGE 5 CAO GCSM 1-1 04/01/2018 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 83707-0108. 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 parent222s 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. d. Multiple Children. (if applicable) We have more than one minor child. If this child support judgment has not been modified, when one child is no longer entitled to support, basic child support for the remaining child/ren should continue and will be paid as described in the Continued Support Worksheet attached as Schedule B. e. 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.) 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 support obligation. The reduction should be subtracted from the child support payment due the month following the extended visit. If the parent paying child support has physical custody of some but not all of the children for a period of 14 overnights in a row, before a reduction is made, the basic child support obligation should first be divided by the number of children under eighteen (18) years of age. The parent who pays child support can only claim a reduction for the child/ren in that parent222s custody. For Example227Parent has 3 of 4 children for 14 overnights. $300/mo. b