Affidavit Of Support In Motion For Modification: Fill & Download for Free

You can speak to an attorney.Your obligation for child support remains in force, and your custody agreement may need modification.

Practically speaking (and in my experience), yes and no.I’ll start with the “no” part of my answer because it’s short. I say “no” because although there are rules against frivolous, bad-faith litigation (such as litigation based on lies), these rules are shamefully under-enforced. So even if you can make a clear case for an opposing party engaging in frivolous, bad-faith litigation, in my experience courts rarely punish such behavior. It’s one of the main reasons people lose faith in the legal system when they find themselves subject to the system.The best way to protect yourself from having a court believe the opposing party’s lies is to prove them false by objective, independently verifiable evidence that cannot be denied. So, document your words and deeds six ways from Sunday. If it’s not a close call, the opposing side’s efforts to cheat won’t make any difference.And here’s my “yes” part of the answer: Most jurisdictions, including the jurisdiction in which I practice law (Utah), have a rule or rules that is intended to prevent frivolous litigation. One such rule in Utah is the Utah Rules of Civil Procedure rule 11 (which is almost identical to the Federal Rules of Civil Procedure rule 11). Utah’s rule 11 provides:(b) Representations to court. By presenting a pleading, written motion, or other paper to the court (whether by signing, filing, submitting, or advocating), an attorney or unrepresented party is certifying that to the best of the person's knowledge, information, and belief, formed after an inquiry reasonable under the circumstances,(b)(1) it is not being presented for any improper purpose, such as to harass or to cause unnecessary delay or needless increase in the cost of litigation;(b)(2) the claims, defenses, and other legal contentions are warranted by existing law or by a nonfrivolous argument for the extension, modification, or reversal of existing law or the establishment of new law;(b)(3) the allegations and other factual contentions have evidentiary support or, if specifically so identified, are likely to have evidentiary support after a reasonable opportunity for further investigation or discovery; and(b)(4) the denials of factual contentions are warranted on the evidence or, if specifically so identified, are reasonably based on a lack of information or belief.(c) Sanctions. If, after notice and a reasonable opportunity to respond, the court determines that paragraph (b) has been violated, the court may, subject to the conditions stated below, impose an appropriate sanction upon the attorneys, law firms, or parties that have violated paragraph (b) or are responsible for the violation.There are also laws against making frivolous and bad-faith claims. Utah’s law is:78B-5-825. Attorney fees -- Award where action or defense in bad faith -- Exceptions.(1) In civil actions, the court shall award reasonable attorney fees to a prevailing party if the court determines that the action or defense to the action was without merit and not brought or asserted in good faith, except under Subsection (2).(2) The court, in its discretion, may award no fees or limited fees against a party under Subsection (1), but only if the court:(a) finds the party has filed an affidavit of impecuniosity in the action before the court; or(b) the court enters in the record the reason for not awarding fees under the provisions of Subsection (1).

Not automatically. Does your divorce judgment say anything about it can be modified if ‘such and such’ happens? Like if the paying spouse gets a substantial raise in income; or a big drop in income. However, you can always file a motion in court to reopen the child support & explain why you want a modification. it could be a raise in child support or a decrease in the support. The Judge will need Financial Affidavits from each party. Good luck especially with co-parenting.