Description
Instructions
In this Assignment, you will draft a motion for modification (also called a complaint for modification in some jurisdictions), which is due by the end of Unit 9.
The courts in most states have a website or court assistance office where individuals can obtain the court forms they need to file for divorce, motions for custody or visitation, modification in child support, and much more. Complete the following exercise to become familiar with a commonly filed pleading, a motion/complaint for the modification of child support.
You are the attorney for Maureen Foley in her child support modification case. Read the following fact scenario and use this form to prepare a motion for modification of child support on Maureen’s behalf. This document can also be found under Course Documents.
Fact Scenario
Maureen Foley (she has resumed her maiden name) and Richard Turrow were divorced in 2006 in Idaho, following 10 years of marriage. At the time of the divorce, the couple had two children, Colin and Tyler, ages 4 and 6, and the court awarded joint legal custody to both parties and physical custody of both children to Maureen. Richard was ordered to pay $450/month in child support for both children. At the time of this order, Richard made approximately $25,000 a year and Maureen made $14,000 a year. Maureen now makes $18,000 a year and just isn’t cutting it with such a low amount of child support for two growing children who eat a lot more food than they did when they were only 4 and 6. Also, Richard now makes $45,000 a year thanks to a major promotion a few years ago.
Richard’s insurance provides medical insurance for the children, but nothing was put into the divorce decree that he must continue this insurance coverage, so you should be sure to request in the proper section of this form that Richard provide medical insurance as a continuing obligation. Also, Tyler needs psychotherapy, and after insurance, this will cost a total of $15,000. Maureen cannot afford to pay half of this amount as per the divorce decree that each ex-spouse pays half the health care costs not paid by insurance, so she wants to change this amount to Richard paying 75% of the cost and Maureen pay 25%.
The children do not stay overnight at Richard’s, and in fact, he often does not bother seeing the children on his designated parenting time. There are no other pending related claims in other states involving these children.
Complete the motion for Maureen. Her address is 400 Potato Field Lane; McCall, ID 83710. Richard’s address is 6 Patriot Road; McCall, ID 83710.
She has lived at this address since the divorce with the children. Colin was born on March 4, 2002 and Tyler was born on April 19, 2000. The children have Richard's last name, Turrow. Maureen does not wish to change the custody or visitation provisions or anything related to work-related child care costs; she only wants to increase the child support payments and ensure that Richard will be obligated to continue the health insurance coverage for the children. After analyzing the Idaho Child Support Guidelines, you understand that to determine what Richard’s monthly child support payments for both children should be, you need to calculate 1.45% of his yearly income is.
Explanation & Answer
Hey there, here is the complete paper. Go through it and in case of anything, feel free to alert me.Regards
Running Head: Motion For Modification
1
Motion for Modification
Student Name
Professor’s name
Date
Maureen Foley
Full Name of Party Filing This Document
400 Potato Field Lane
Mailing Address (Street or Post Office Box)
McCall
City, State and Zip Code
Telephone Number
IN THE DISTRICT COURT OF THE
SIXTH
THE STATE OF IDAHO, IN AND FOR THE COUNTY OF
Maureen Foley,
Plaintiff,
vs.
Richard Turrow ,
Defendant.
JUDICIAL DISTRICT OF
BANNOCK
Case No.: __________________________
MOTION TO MODIFY AN ORDER OR
DECREE
Fee Category:
Filing Fee:
I, _____________Maureen Foley________________, [ X ] 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
(Beginning with most recent city & state)
Collin Turrow
Tyler Turrow
march 4 2002
april 19 2000
MOTION TO MODIFY AN ORDER OR DECREE
CAO 10-1 Revised 2/25/2005
400 Potato Field Lane; McCall
400 Potato Field Lane; McCall
PAGE 2
2. Mother resides at (city, county, state) _400 Potato Field Lane;
McCall______________________________________. Father resides at (city, county, state)
_____________6 Patriot Road; McCall.
3. UCCJEA Jurisdiction. This court has jurisdiction to modify custody of our child/ren
pursuant to the Uniform Child Custody Jurisdiction and Enforcement Act, Idaho Code § 32-11101, et seq.
a. [
X
] 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. [ X
[
] 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. [
X ] 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. [
[
X ] 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:
.
MOTION TO MODIFY AN ORDER OR DECREE
CAO 10-1 Revised 2/25/2005
PAGE 3
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):
[
[
[
[
[
X
X
] 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. [ X
[
] No change. or
] The moving party requests that the court modify the order entered (date of last
custody order) _____________________________ respecting custody of the minor child/ren as
follows:
Legal Custody. [
[
X ] No change. or
] Both parties are fit persons 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 ____________________________ be
awarded sole legal custody because _______________________________________________
____________________________________________________________________________
____________________________________________________________________________
___________________________________________________________________________.
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 on the terms and according to the Parenting Plan which is attached as Exhibit
A. or
[
X ] Maureen Foley____ should be awarded sole physical custody of our child/ren
because the defendant named herein has shown blatant disregard for the welfare of the children and does
not take seriously his responsibilities and a parent and as a caregiver to the children. The also never takes
seriously the time given to him to spend with the children.
[
] ____________________________ should spend time with our child/ren
[
] as follows:
__________________________________________________________
____________________________________________________________________________
____________________________________________________________________________
MOTION TO MODIFY AN ORDER OR DECREE
CAO 10-1 Revised 2/25/2005
PAGE 4
____________________________________________________________________________
____________________________________________________________________________
or
[
] in accordance with the Parenting Plan which is attached as Exhibit A.
6. Child Support.
[
] Child support has already been set and does not need to change. If child support
was set in a different case, a copy of the Child Support Order is attached as Exhibit B. or
[
] This court has jurisdiction to determine child support, Title 32, Chapter 7, Idaho
Code. The moving party requests that the court modify the order entered (date of last Child Support
Order)
_______________________ respecting child support for the minor child/ren as follows:
[ X
] Child support should be paid by _________________________ in the total
amount of $___777______ per month, based on the Idaho Child Support Guidelines, according
to the Affidavit Verifying Income and Child Support Worksheet(s) attached as “Exhibit B”. The
total amount includes: Base child support in the amount of:
$_________...
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