Child Support Modification

PETITION FOR MODIFICATION OF CHILD SUPPORT

(Louisiana District Court – Family Division)

TABLE OF CONTENTS

1. Caption & Document Header
2. Preliminary Allegations
3. Jurisdiction & Venue
4. Parties
5. Procedural History / Existing Order
6. Grounds for Modification
7. Child Support Re-Calculation
8. Requested Relief
9. Verification
10. Certificate of Service
11. Proposed Order (Attachment A)
12. 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.

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].

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:

1. 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___.

2. 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.

3. The modified obligation is retroactive to __________ 20___; any resulting arrearage of $[___] shall be paid at a rate of $[___] per month until satisfied.

4. Each party shall promptly exchange updated income information annually, on or before [DATE], for so long as any minor child is eligible for support.

5. 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)

END OF DOCUMENT