PETITION FOR MODIFICATION OF CHILD SUPPORT
(Louisiana District Court – Family Division)
[// GUIDANCE: This template is intentionally drafted in pleading format and tailored to Louisiana statutory requirements (La. Rev. Stat. § 9:311 et seq.). Replace every bracketed placeholder and remove all guidance comments before filing.]
TABLE OF CONTENTS
- Caption & Document Header
- Preliminary Allegations
- Jurisdiction & Venue
- Parties
- Procedural History / Existing Order
- Grounds for Modification
- Child Support Re-Calculation
- Requested Relief
- Verification
- Certificate of Service
- Proposed Order (Attachment A)
- Child Support Worksheet(s) (Attachment B)
1. CAPTION & DOCUMENT HEADER
[COURT NAME]
[Judicial District Court for the Parish of __________, State of Louisiana]
DOCKET NO.: ____
DIVISION: ____
[PETITIONER’S FULL NAME],
Petitioner
v.
[RESPONDENT’S FULL NAME],
Respondent
PETITION FOR MODIFICATION OF CHILD SUPPORT
2. PRELIMINARY ALLEGATIONS
1.1 Petitioner is [full name], an adult domiciled in and a resident of the Parish of [_], State of Louisiana, with a mailing address of [_______].
1.2 Respondent is [full name], an adult domiciled in and a resident of the Parish of [_], State of Louisiana, with a mailing address of [_______], and may be served at [service address].
1.3 The parties are the parents of the following minor child(ren):
a. [Child #1 full name], born [DOB];
b. [Child #2 full name], born [DOB]; [Add as necessary]
3. JURISDICTION & VENUE
2.1 This Court has subject-matter jurisdiction over this proceeding pursuant to La. Rev. Stat. § 9:311 and Louisiana Code of Civil Procedure art. 10.
2.2 Venue is proper in this Parish under La. C.C.P. art. 74.2 because [choose one]:
a. the current child support order was rendered herein; or
b. the Respondent is domiciled in this Parish; or
c. the child(ren) reside in this Parish.
4. PARTIES
3.1 Counsel of record for Petitioner: [Firm Name / Bar No. / Contact].
3.2 Respondent is [represented by counsel / self-represented].
5. PROCEDURAL HISTORY / EXISTING ORDER
4.1 An Order of Child Support was rendered on [date] in Docket No. [_] of this Court (the “Existing Order”), requiring Respondent to pay child support in the amount of $[__]/month.
4.2 Said Existing Order remains in full force and effect.
[// GUIDANCE: Attach certified copy of Existing Order as Exhibit 1, if required by local rule.]
6. GROUNDS FOR MODIFICATION
5.1 Material Change in Circumstances. Since entry of the Existing Order, circumstances of the parties and/or child(ren) have materially changed as follows:
a. Change in income: Petitioner’s gross monthly income decreased from $[_] to $[]; Respondent’s gross monthly income increased from $[__] to $[_____];
b. Change in health-care or child-care costs: [explain];
c. Change in custody/visitation schedule: [explain]; and/or
d. More than three (3) years have elapsed since the Existing Order and recalculation under current guidelines produces a variance of more than twenty-five percent (25%).
5.2 Under La. Rev. Stat. § 9:311, such change(s) entitle Petitioner to a modification of the support obligation retroactive to the date of judicial demand.
7. CHILD SUPPORT RE-CALCULATION
6.1 In accordance with the Louisiana Child Support Guidelines (La. Rev. Stat. § 9:315 et seq.), Petitioner has prepared the attached Worksheet [A / B] reflecting current incomes, mandatory deductions, health insurance premiums, and child-care expenses.
6.2 The guidelines calculation yields a presumptive basic child support obligation of $[_]/month, with Respondent’s proportionate share being $[___]/month.
6.3 Petitioner requests that the Court deviate from / adhere to the presumptive amount because [explain any deviation factors under § 9:315.1].
[// GUIDANCE: Complete Worksheet(s) precisely; attach supporting financial affidavits and the most recent pay stubs/tax returns as required by Uniform Rules – Louisiana District Courts, Rule 28.3.]
8. REQUESTED RELIEF (PRAYER)
WHEREFORE, Petitioner prays that after due proceedings had, there be judgment as follows:
A. Granting this Petition and modifying the Existing Order such that Respondent’s child support obligation is fixed at $[_____] per month, plus [specify pro-rata share of health-insurance premiums, extraordinary expenses, etc.];
B. Ordering that said payments be made via immediate income assignment / wage garnishment pursuant to La. R.S. 13:3881 and La. R.S. 46:236.3;
C. Making the modification retroactive to the date of filing of this Petition, with any arrearages payable in a lump sum or through an arrearage repayment schedule of $[_____] per month;
D. Awarding court costs and reasonable attorney’s fees to Petitioner; and
E. Granting all general and equitable relief to which Petitioner may be entitled.
Respectfully submitted,
[Attorney Name], Bar No. _____
[Law Firm Name]
[Address] | [Phone] | [Email]
Counsel for Petitioner
Date: ____
9. VERIFICATION
STATE OF LOUISIANA
PARISH OF [____]
BEFORE ME, the undersigned Notary Public, personally came and appeared:
[PETITIONER’S FULL NAME],
who, after being duly sworn, stated that he/she has read the foregoing Petition for Modification of Child Support, knows the contents thereof, and that all allegations contained therein are true and correct to the best of his/her knowledge, information, and belief.
[Petitioner’s Signature]
SWORN TO AND SUBSCRIBED before me this ___ day of _ 20.
NOTARY PUBLIC
Notary ID/Bar Roll No.: _
My commission expires: _
10. CERTIFICATE OF SERVICE
I certify that a copy of the foregoing Petition for Modification of Child Support was served on the Respondent [and/or Respondent’s counsel] on the ___ day of _ 20, by [method of service consistent with La. C.C.P. arts. 1313-1314], at the following address: [____].
[Attorney Name]
11. PROPOSED ORDER (ATTACHMENT A)
[CAPTION AS ABOVE]
ORDER
Considering the foregoing Petition for Modification of Child Support and the law applicable thereto:
IT IS ORDERED, ADJUDGED, AND DECREED that the Petition is GRANTED. The Existing Order dated ____ is hereby modified as follows:
-
Respondent, [Name], shall pay to Petitioner, [Name], child support in the amount of $[_] per month, payable in equal installments of $[] bi-weekly/semi-monthly, commencing _ 20___.
-
Payments shall be made through the Louisiana Support Enforcement Services and collected via immediate income assignment pursuant to La. R.S. 13:3881 et seq.
-
The modified obligation is retroactive to _ 20; any resulting arrearage of $[_] shall be paid at a rate of $[___] per month until satisfied.
-
Each party shall promptly exchange updated income information annually, on or before [DATE], for so long as any minor child is eligible for support.
-
All other provisions of the prior judgment not inconsistent herewith remain in full force and effect.
THUS SIGNED in _, Louisiana, this ___ day of _ 20___.
JUDGE
12. CHILD SUPPORT WORKSHEET(S) (ATTACHMENT B)
[// GUIDANCE: Insert completed Worksheet A (sole custody) or Worksheet B (shared custody) in the exact format prescribed by La. R.S. 9:315.2. Add additional pages for multiple children as necessary.]