Rule 19: Post-Decree Child Support and Spousal Support Modifications

(A)   SERVICE. 

A motion that requests a change or modification of an existing child support or spousal support order must be filed and served upon the opposing party according to methods of service in Civil Rule 4 through 4.6.


(B) 
CONTENT OF CHILD SUPPORT MODIFICATION MOTION. 

A motion, supported by a sworn affidavit that sets forth the specific facts constituting the alleged change of circumstance, must state the following:

    
    (1)  The date of journalization of the judgment entry that sets forth the existing child  support order.

    
    (2) The amount of the existing order, the parent(s) designated as the health insurance obligor for the parties’ minor child(ren), the parent(s) designated to claim the child(ren) as a tax dependent(s);  and each parent’s percentage share of responsibility for the child(ren)’s uninsured health care expenses.
   

    (3)  The nature of the change of circumstance.

 
    (4)  The specific change or modification requested.


(C)  
CONTENT OF SPOUSAL SUPPORT MODIFICATION MOTION. 

A motion, supported by a sworn affidavit that sets forth the specific facts that constitute the alleged change of circumstance, must state the following:


    (1)   The date of journalization of the judgment entry that sets forth the existing spousal support order;


    (2)  
The amount, duration, and conditions of modification, and termination of the existing order;


    (3)  
Whether jurisdiction to modify the order was retained;


    (4)  
The nature of the change of circumstance;


    (5)  
The specific change or modification requested.


(D) 
 An affidavit in support of a modification motion must state the specific operative facts that form the basis of the alleged change in circumstance.  Failure to do so may result in the dismissal of the motion.


(E)  HEARING ON CHILD SUPPORT MODIFICATION
.   


    (1)  
At the hearing, each party must submit documents verifying his or her earnings and other income including their last four (4) paystubs; last year’s federal income tax returns with all supporting W-2’s, 1099’s, schedules and other attachments; copies of existing administrative or court support orders; a Post-Decree Income and Expense Statement; a Health Insurance Affidavit; a completed Child Support Computation Worksheet; and, verification of the following:  work-, employment-training-, or education-related child care expenses, marginal out-of-pocket costs necessary to provide child(ren’s) health insurance, mandatory work-related deductions, and overtime, bonuses and commissions for the last three years.   Other relevant documents may be submitted.  

    (2)  
Copies of all documents submitted to the Court must be exchanged with the opposing party or counsel, if represented, before hearing.

    (3)  
Failure of a party to submit the required documents may result in sanctions, including, but not limited to, dismissal of his or her motion or an award of attorney fees.   

    (4)  
The Court may change the designation of the health insurance obligor, and the parent entitled to claim the child(ren) as tax dependents, and the parents’ percentage share of responsibility for uninsured health care expenses, as part of the  modification.


(F)  
HEARING ON SPOUSAL SUPPORT MODIFICATION. 

    (1)  
At the hearing, each party must submit a completed Financial Disclosure Statement, and documents verifying his or her earnings and other income, including last year’s federal income tax return with all supporting W-2’s, 1099’s, schedules and other attachments.  

    (2)  
Copies of all documents submitted to the Court must be exchanged with the opposing party, or counsel, if represented, before the hearing.   


    (3)  
The moving party must be prepared to present evidence or stipulations as to the statutory spousal support factors.


    (4)  
Failure of a party to submit the required documents may result in sanctions, including, but not limited to, dismissal of his or her motion or an award of attorney fees.

Effective 07/29/2013


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