IN THE FAMILY COURT OF THE [CIRCUIT] CIRCUIT
STATE OF HAWAIʻI
[PETITIONER FULL LEGAL NAME], ) CASE NO. FC-D NO. [__]
Petitioner, )
) PETITION FOR MODIFICATION
v. ) OF CHILD SUPPORT;
) DECLARATION;
[RESPONDENT FULL LEGAL NAME], ) EXHIBITS “1” – “__”;
Respondent. ) CERTIFICATE OF SERVICE
__________ )
[// GUIDANCE: Use Family Court caption format. Insert the two-digit “FC-D” circuit identifier (e.g., “FC-D No. 22-1-1234”).]
TABLE OF CONTENTS
- Document Header
- Definitions
- Operative Provisions
3.1 Jurisdiction & Venue
3.2 Prior Child Support Order
3.3 Grounds for Modification
3.4 Revised Child Support Calculation
3.5 Requested Relief
3.6 Wage Garnishment / Income Withholding Order
3.7 Attorneys’ Fees & Costs - Representations & Declarations
- Covenants
- Default & Remedies
- Risk Allocation (Intentionally Omitted)
- Dispute Resolution
- General Provisions
- Execution Block
- Verification (Declaration)
- Certificate of Service
1. DOCUMENT HEADER
1.1 Title. This Petition for Modification of Child Support (“Petition”) is submitted to the Family Court of the State of Hawaiʻi, [Circuit] Circuit, by [Petitioner] (“Petitioner”) against [Respondent] (“Respondent,” and together with Petitioner, the “Parties”).
1.2 Effective Date. The modified child support order requested herein shall become effective on the first day of the month following entry of the Court’s written order, or as otherwise directed by the Court.
1.3 Governing Law. This Petition is brought pursuant to Hawaiʻi Revised Statutes (“HRS”) Chapter 576D and the Hawaiʻi Child Support Guidelines adopted under HRS § 576D-7, as amended (collectively, the “Guidelines”).
2. DEFINITIONS
For purposes of this Petition, the following terms have the meanings set forth below:
“Child(ren)” – The minor child or children who are the subject of the existing child support order, identified in Section 2.1.
“Existing Order” – The child support order entered by this Court on [Date of Prior Order], attached hereto as Exhibit “1.”
“Guidelines Worksheet” – The Hawaiʻi Child Support Guidelines Worksheet (CSG Form CSW-F06), completed and attached hereto as Exhibit “2.”
“Material Change in Circumstances” – A change resulting in a prospective support amount that differs from the Existing Order by at least ten percent (10%) or any change occurring three (3) or more years after the entry of the Existing Order, consistent with HRS § 576D-7.
“Obligee” – The parent entitled to receive child support under the Existing Order and any modified order issued herein.
“Obligor” – The parent required to pay child support under the Existing Order and any modified order issued herein.
3. OPERATIVE PROVISIONS
3.1 Jurisdiction & Venue
a. The Court has subject-matter jurisdiction under HRS §§ 571-11 and 576D-7.
b. Venue is proper in this Circuit because the Child(ren) reside(s) in [County] County and/or the Existing Order was issued by this Court.
3.2 Prior Child Support Order
Petitioner attaches the Existing Order as Exhibit “1” and incorporates it by reference.
3.3 Grounds for Modification
Petitioner alleges a Material Change in Circumstances as follows (check all that apply):
1. ☐ A difference of ≥ 10 % between the Existing Order and the recalculated amount under the Guidelines (see Section 3.4).
2. ☐ At least three (3) years have elapsed since the Existing Order was entered.
3. ☐ Change in custody/visitation schedule resulting in a different “percentage time with each parent.”
4. ☐ Substantial change in either Party’s gross monthly income.
5. ☐ Change in Child(ren)’s medical, educational, or childcare expenses.
6. ☐ Other: [Describe].
[// GUIDANCE: Delete inapplicable boxes or add narrative detail.]
3.4 Revised Child Support Calculation
a. Petitioner has completed the Guidelines Worksheet based on the Parties’ current financial information.
b. The Worksheet calculates a presumptive basic child support obligation of $ [Amount] per month, plus:
i. Childcare: $ [Amount];
ii. Medical insurance premium: $ [Amount];
iii. Extraordinary expenses: $ [Amount].
c. The total presumptive support owed by the Obligor is $ [Total Amount] per month, representing a [percentage]% change from the Existing Order.
3.5 Requested Relief
Petitioner respectfully requests that the Court:
1. Adopt the Guidelines Worksheet attached as Exhibit “2”;
2. Enter an order requiring the Obligor to pay $ [Total Amount] per month, commencing [Start Date];
3. Allocate payment of medical insurance premiums, uncovered medical/dental expenses, and childcare costs as follows: [Allocation];
4. Grant such further relief as the Court deems just and equitable.
3.6 Wage Garnishment / Income Withholding Order
Pursuant to HRS § 576D-14 and 42 U.S.C. § 666(b), Petitioner requests that any modified order include immediate income withholding to enforce the support obligation through the Hawaiʻi Child Support Enforcement Agency (“CSEA”).
3.7 Attorneys’ Fees & Costs
Petitioner requests an award of reasonable attorneys’ fees and costs incurred herein, pursuant to HRS § 607-14 and Family Court Rule 68, or as otherwise permitted by law.
4. REPRESENTATIONS & DECLARATIONS
4.1 Accuracy. Petitioner declares under penalty of perjury that the factual statements in this Petition and the attached Exhibits are true and correct to the best of Petitioner’s knowledge, information, and belief.
4.2 Disclosure. Petitioner has disclosed all material financial information known to Petitioner that is relevant to the Court’s Guidelines calculation.
5. COVENANTS
5.1 Exchange of Information. The Parties shall exchange current Income & Expense Statements (Hawaiʻi Family Court Form CS-INT6) and the two (2) most recent paystubs, tax returns, and W-2s no later than five (5) court days prior to the hearing on this Petition.
5.2 Continuing Duty. Each Party shall promptly update the other Party and the Court of any material change in employment, income, or the Child(ren)’s expenses pending final adjudication of this Petition.
6. DEFAULT & REMEDIES
6.1 Failure to Appear. If either Party fails to appear after proper notice, the Court may proceed by default pursuant to Hawaiʻi Family Court Rules 55 & 60.
6.2 Enforcement. Upon entry, the modified order may be enforced through:
a. CSEA administrative remedies;
b. Contempt proceedings;
c. Federal and state income tax refund interception;
d. Credit bureau reporting; and
e. Any other enforcement mechanism available under state or federal law.
6.3 Attorneys’ Fees on Enforcement. The non-prevailing Party in any post-order enforcement action shall pay the prevailing Party’s reasonable attorneys’ fees and costs.
7. RISK ALLOCATION (Intentionally Omitted)
[// GUIDANCE: Indemnification and limitation-of-liability concepts are inapposite to family-law petitions and are therefore omitted.]
8. DISPUTE RESOLUTION
8.1 Governing Law. This matter is governed by Hawaiʻi family law, including HRS Chapters 571 and 576D, and applicable federal law.
8.2 Forum Selection. Exclusive jurisdiction and venue lie with the Family Court of the [Circuit] Circuit, State of Hawaiʻi.
8.3 Arbitration & Jury Trial. Neither arbitration nor jury trial is available for child support proceedings in Hawaiʻi family court.
8.4 Injunctive Relief. The Court retains authority to issue orders necessary to facilitate wage garnishment and other equitable relief to ensure payment of support.
9. GENERAL PROVISIONS
9.1 Amendment & Waiver. Any amendment to this Petition prior to hearing shall be made by written pleading filed with the Court. No waiver of any provision of law shall be implied.
9.2 Severability. Should any provision herein be deemed unenforceable, the remaining provisions shall remain in full force and effect.
9.3 Integration. This Petition, together with its Exhibits, constitutes the entire request for relief; no extrinsic evidence shall modify its terms absent Court approval.
9.4 Electronic Signatures. Signatures transmitted electronically shall be deemed original for all purposes consistent with HRS Chapter 489E (Uniform Electronic Transactions Act) and Family Court Electronic Filing Rules.
10. EXECUTION BLOCK
Respectfully submitted this [Date] day of [Month], 20__[Year]__.
[ATTORNEY NAME] (Bar No. [_])
Attorney for Petitioner
[Law Firm Name]
[Address]
Telephone: [_] | Email: [____]
[PETITIONER NAME]
Petitioner, Pro Se ☐ / Represented ☐
11. VERIFICATION (DECLARATION)
I, [Petitioner Name], declare under penalty of perjury under the laws of the State of Hawaiʻi that I have read the foregoing Petition, know the contents thereof, and that the same is true and correct to the best of my knowledge, information, and belief.
Executed on [Date], at [City], Hawaiʻi.
[PETITIONER NAME]
12. CERTIFICATE OF SERVICE
I certify that on [Date], a true and correct copy of the foregoing Petition for Modification of Child Support, together with all Exhibits, was served as follows:
☐ U.S. Mail, postage prepaid
☐ Hand Delivery
☐ E-mail (by stipulation)
☐ JEFS/eCourt Kokua
to:
[RESPONDENT NAME]
[Respondent Address or Attorney of Record]
[NAME]
[Title]
EXHIBIT LIST
Exhibit “1” Existing Child Support Order (file-stamped)
Exhibit “2” Completed Hawaiʻi Child Support Guidelines Worksheet
Exhibit “3” Petitioner Income & Expense Statement (CS-INT6)
Exhibit “4” Respondent Income & Expense Statement (CS-INT6) [if available]
Exhibit “__” Supporting Documentation (paystubs, W-2s, etc.)
[// GUIDANCE: Attach certified copies where required; redact sensitive data per Hawaiʻi Court Records Rules (HCRR) Rule 9.]