STATE OF MAINE
DISTRICT COURT – FAMILY DIVISION
Location: [COUNTY]
Docket No.: [DOCKET NUMBER]
[PETITIONER FULL LEGAL NAME],
Petitioner,
v.
[RESPONDENT FULL LEGAL NAME],
Respondent.
VERIFIED PETITION TO MODIFY CHILD SUPPORT ORDER
(19-A M.R.S. § 2009; Me. R. Civ. P. 80)
[// GUIDANCE: This template is drafted for use in Maine District Court (Family Division). Replace all bracketed placeholders before filing. Attach the current Child Support Worksheet (FM-050), Financial Statements (FM-043), and any supporting documentation required by the Court.]
TABLE OF CONTENTS
- Document Header (Caption)
- Recitals
- Definitions
- Jurisdiction & Venue
- Representations and Factual Allegations
- Operative Provisions (Relief Requested)
- Covenants & Continuing Obligations
- Default & Remedies
- Dispute Resolution & Enforcement
- General Provisions
- Execution Block
- Verification & Notarization
1. DOCUMENT HEADER (Caption)
(See above. Leave the caption on every page as required by Me. R. Civ. P. 10(a).)
2. RECITALS
WHEREAS, a final Child Support Order was entered on [DATE OF PRIOR ORDER] in the above-captioned matter (“Existing Order”); and
WHEREAS, Petitioner contends that a substantial change in circumstances has occurred, as contemplated by 19-A M.R.S. § 2009(3), warranting modification of the Existing Order;
NOW, THEREFORE, Petitioner respectfully petitions this Court for relief as set forth below.
3. DEFINITIONS
For purposes of this Petition, the following capitalized terms shall have the meanings indicated:
“Child” or “Children” – The minor child(ren) of the parties, namely:
• [CHILD 1 FULL LEGAL NAME], born [DOB]
• [CHILD 2 FULL LEGAL NAME], born [DOB]
(collectively, the “Children”).
“Guidelines” – The Maine Child Support Guidelines codified at 19-A M.R.S. §§ 2001-2011 and implementing worksheets adopted by the Maine Judicial Branch.
“Substantial Change” – A change in circumstances that results in a variation of at least fifteen percent (15 %) between the amount of support ordered and the amount that would be required under the Guidelines, or such other qualifying change as identified in 19-A M.R.S. § 2009(3).
4. JURISDICTION & VENUE
4.1 This Court has continuing, exclusive jurisdiction over child-support matters between these parties pursuant to 19-A M.R.S. § 2801 et seq. and because the Existing Order was issued by this Court.
4.2 Venue is proper in [COUNTY] County because the Children reside in, and the Existing Order was entered in, this county. Me. R. Civ. P. 3.
5. REPRESENTATIONS AND FACTUAL ALLEGATIONS
5.1 Parties
a. Petitioner: [PETITIONER NAME], currently residing at [ADDRESS], is the [MOTHER/FATHER/PARENT] of the Children.
b. Respondent: [RESPONDENT NAME], currently residing at [ADDRESS], is the [MOTHER/FATHER/PARENT] of the Children.
5.2 Existing Order Details
a. Date Entered: [DATE]
b. Current Support Amount: $[AMOUNT] per [WEEK/BI-WEEK/MONTH], payable by [PAYOR] to [PAYEE].
5.3 Substantial Change
a. Income Variation: Since entry of the Existing Order, [PAYOR]’s gross income has [INCREASED/DECREASED] by approximately [PERCENTAGE]% ([// GUIDANCE: Insert wage records, tax returns, or employer statements]).
b. Health-Insurance Costs: [NEW INSURANCE COSTS/TERMINATION OF COVERAGE].
c. Child-Care Expenses: [CHANGE IN DAYCARE/SCHOOL COSTS].
d. Residence & Parenting Schedule: On [DATE], the parties agreed to a new parenting plan (see attached Exhibit A).
e. As demonstrated by the attached Child Support Worksheet, the recalculated presumptive support obligation differs from the Existing Order by [> 15 % / OTHER QUALIFYING CHANGE], satisfying the statutory threshold under 19-A M.R.S. § 2009(3).
5.4 Best Interest
Modification as requested herein is in the best interests of the Children because it aligns financial support with the actual needs and resources of the parties.
6. OPERATIVE PROVISIONS (Relief Requested)
Petitioner respectfully requests that the Court enter an order that:
6.1 Supersedes and replaces the Existing Order on and after the Effective Date (defined below).
6.2 Establishes [PAYOR]’s presumptive child-support obligation at $[NEW AMOUNT] per [WEEK/BI-WEEK/MONTH], calculated in accordance with the Guidelines (see Worksheet attached as Exhibit B).
6.3 Designates the Effective Date of the modified obligation as [DATE], or such other date as justice requires. 19-A M.R.S. § 2009(2).
6.4 Orders immediate income withholding pursuant to 19-A M.R.S. § 2358, directing [PAYOR]’s employer, [EMPLOYER NAME], to withhold the ordered amount plus any statutorily required fee.
6.5 Allocates uninsured medical expenses, tax exemptions, and child-care costs as set forth in Exhibit C.
6.6 Awards statutory interest, if any, on unpaid support accruing prior to the Effective Date.
6.7 Awards reasonable attorney’s fees and costs to Petitioner pursuant to 19-A M.R.S. § 901(5), if the Court finds such an award just.
6.8 Grants such other and further relief as the Court deems just and equitable.
7. COVENANTS & CONTINUING OBLIGATIONS
7.1 Each party shall provide updated income information annually, or within thirty (30) days after any material change in employment or income. 19-A M.R.S. § 2004(1).
7.2 Each party shall notify the other and the Court in writing within seven (7) days of any change in address, telephone number, or employer. 19-A M.R.S. § 2106.
8. DEFAULT & REMEDIES
8.1 Failure by the Payor to comply with the modified support obligation shall constitute a default, entitling the Payee to:
a. Statutory enforcement measures, including but not limited to income withholding, interception of state or federal tax refunds, liens, license suspensions, and contempt proceedings under 19-A M.R.S. §§ 2602-2608.
b. Recovery of reasonable attorney’s fees, costs, and accrued interest.
8.2 Notice & Cure: In the event of non-payment not cured within fourteen (14) days after written notice, Payee may seek immediate judicial enforcement without further notice. This clause does not limit the Court’s contempt power.
9. DISPUTE RESOLUTION & ENFORCEMENT
9.1 Governing Law: This matter shall be governed exclusively by the laws of the State of Maine, including the Guidelines.
9.2 Forum Selection: The Maine District Court, Family Division, [COUNTY], shall retain exclusive jurisdiction. Arbitration is not available for child-support matters; jury trial is unavailable under Maine family-law procedure.
9.3 Injunctive Relief: The Payee may petition for ex parte income-withholding orders and other equitable relief to secure timely payment.
10. GENERAL PROVISIONS
10.1 Severability: If any provision herein is found unenforceable, the remaining provisions shall remain in full force, and the Court may reform such provision to conform with applicable law.
10.2 Integration: This modified order, once entered, supersedes all prior inconsistent child-support provisions between the parties.
10.3 Amendment & Review: Subsequent modifications shall be governed by 19-A M.R.S. § 2009 and applicable procedural rules.
11. EXECUTION BLOCK
Respectfully submitted,
DATED: [DATE]
[PETITIONER NAME]
Petitioner, Pro Se / By Counsel
[MAINE BAR REG. NO.]
[LAW FIRM NAME]
[ADDRESS]
[PHONE] | [EMAIL]
[// GUIDANCE: If attorney-represented, include full signature block per Me. R. Civ. P. 11(a). If self-represented, insert “Pro Se” and current contact information.]
12. VERIFICATION & NOTARIZATION
I, [PETITIONER NAME], being duly sworn, depose and say that I have read the foregoing Petition and that the facts stated herein are true and correct to the best of my knowledge, information, and belief.
[PETITIONER NAME]
STATE OF MAINE
[COUNTY] COUNTY
Subscribed and sworn before me this ___ day of __, 20_, by _____.
Notary Public / Attorney at Law
Printed Name: ___
My Commission Expires: ______
EXHIBIT LIST (for filing convenience)
• Exhibit A – Current Parenting Plan (if modified)
• Exhibit B – Child Support Worksheet (FM-050)
• Exhibit C – Schedule of Health-Insurance, Child-Care, and Extraordinary Expenses
• Exhibit D – Petitioner’s Updated Financial Statement (FM-043)
• Exhibit E – Respondent’s Updated Financial Statement (to be filed separately or compelled)
[// GUIDANCE: The Court may require additional local forms—verify with the Clerk’s Office in the filing county.]