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Fillable Printable Modify Child Support Petition or Motion - Maryland

Fillable Printable Modify Child Support Petition or Motion - Maryland

Modify Child Support Petition or Motion - Maryland

Modify Child Support Petition or Motion - Maryland

Page 1 of 3
DRIN 6 - Revised 8 January 2001
PETITION/MOTION TO MODIFY CHILD SUPPORT
INSTRUCTIONS FOR COMPLETING DOM REL 6
If you have a court order to pay or receive child support (for example, from a divorce or
paternity decree), it may be possible to have the court modify the amount you are currently
receiving or paying. There are three ways you can do this: (1) obtain the service of an attorney to
handle your case; (2) go to the child support enforcement office in your county; or (3) file the
case yourself by using the DOM REL forms.
Use this form only if there is an existing child support order and you are NOT receiving
public assistance or welfare. If you are receiving public assistance and are seeking an increase
in child support, you must contact the child support enforcement office in your county. As a
recipient of financial assistance, you assigned to the State “all right, title and interest or support
from any other person,” including child support owed you on behalf of a child for whom you are
receiving public assistance. MD ANN.CODE art. 88A, §50(b)(2)(1998). The local support
enforcement office will pursue a modification of support, if appropriate, although those amounts
will be retained by the State until you are no longer receiving financial assistance.
There are 8 steps you must follow in order to proceed with the case yourself:
> STEP 1 — Completion of Form DOM REL 6.
In order to complete this form, you will need a copy of your existing child support order.
If you do not have a copy, ask the Clerk of Court how to get one.
Page 1: Fill in both the Plaintiff’s and Defendant’s names exactly as they appear on the
existing order. Then fill in current addresses and telephone numbers for both. Do not use this
form unless you can locate the other parent. If you do not know their whereabouts, it is
recommended you file with the assistance of your attorney or through the local child support
enforcement office.
Line 1: After filling in your name in the space provided, list your relationship (e.g.,
mother, father or other) to the child(ren) for whom child support is ordered. Then, list the
child(ren)’s name(s) and date(s) of birth.
Line 2: Looking at the existing order, fill in the date, city or county the order was
granted in, case number, name of person ordered to pay, amount ordered, and whether the
payments were to be made weekly, biweekly, or monthly.
Line 3: In order for the court to grant your petition to modify child support, there
must be a substantial change in circumstances. This can occur from one or more of the
situations on the form. Check all that apply.
Page 2 of 3
DRIN 6 - Revised 8 January 2001
Page 2: Using the boxes on the top of the page:
(a) First, check whether you would like the court to order an increase or decrease in
child support.
(b) Next, check whether you would prefer the employer to pay the person with
custody directly or through the local child support enforcement agency.
(c) Finally, you may request that the court order the parent paying child support to
include the child on the parent’s health insurance policy if: (1) the parent is covered by a
health insurance policy; and (2) if the child can be included on the policy at a reasonable
cost to the parent. To make this request, check the box and fill in the name of parent with
the insurance policy.
> STEP 2 — Financial Statement for Child Support.
Use Form DOM REL 30 or 31. If the combined adjusted actual monthly income is below or
equal to $10,000.00, and there is no request for alimony or other support, use form DOM REL
30. If the combined adjusted actual monthly income of both parents is above $10,000, or if
alimony or other support has been requested by either party, use form DOM REL 31.
> STEP 3 — Filing Fee.
Payment of a fee is normally required for filing these papers with the court. See General
Instructions.
> STEP 4 — Filing Your Forms.
Take the completed documents to the Clerk of Court.
> STEP 5 — Service.
You will need to have the other party properly served with a copy of all the papers you are
filing AND with a Writ of Summons which is provided by the Civil Clerk of this Court. See
General Instructions.
> STEP 6 — Request for Hearing or Proceeding.
When service has been made, file a Request for Hearing or Proceeding, DOM. REL. 59. The
Petition/Motion for Child Support Modification alone will not get you into court. You MUST
file a Request for a Hearing or Proceeding. See General Instructions.
Page 3 of 3
DRIN 6 - Revised 8 January 2001
> STEP 7 — Hearing.
The court will set a hearing date and notify you by mail when and where to appear.
Examples of what you may want to bring to the hearing include: pay stubs, tax returns, or other
proof of income for both sides; information concerning child related school costs, medical
expenses, and work-related child care expenses; or witnesses who can testify to the change in
circumstances you are trying to prove.
> STEP 8 — Child Support Guidelines Worksheet.
You may also need to fill out the CHILD SUPPORT GUIDELINES WORKSHEET in order
to show the court that there has been a substantial change in circumstances. You will not need
this worksheet until the hearing, but filling it out in advance will help you decide whether you
have the “substantial change in circumstances” needed for a change in your child support order.
Page 1 of 2
Effective January 1, 2003
Circuit Court for _________________________________________________________________
City or County
CIVIL–DOMESTIC CASE INFORMATION REPORT
Directions:
Plaintiff: This Information Report must be completed and attached to the complaint filed with the Clerk of
Court unless your case is exempted from the requirement by the Chief Judge of the Court of Appeals pursuant to
Rule 2-111. A copy must be included for each defendant to be served.
Defendant: You must file an Information Report as required by Rule 2-323(h).
THIS INFORMATION REPORT CANNOT BE ACCEPTED AS AN ANSWER OR RESPONSE.
FORM FILED BY: PLAINTIFF DEFENDANTCASE NUMBER:_______________________
(Clerk to insert)
CASE NAME: _____________________________________ v _________________________________________
PlaintiffDefendant
PARTY’S NAME:________________________________________ PHONE: ( )
(Daytime phone)
ADDRESS: _____________________________________________________________________________________
PARTY’S ATTORNEY’S NAME: ___________________________ PHONE: ( )
ATTORNEY’S ADDRESS:________________________________________________________________________
I am not represented by an attorney
RELATED CASE PENDING? Yes NoIf yes, Court and Case #(s), if known:______________________
Special Requirements?Interpreter/communication impairmentWhich language______________
(Attach Form 1-332 if Accommodation or Interpreter Needed)Which dialect________________
ADA accommodation:___________________________________________
ALTERNATIVE DISPUTE RESOLUTION INFORMATION
Is this case appropriate for referral to an ADR process under Md. Rule 17-101? (Check all that apply)
A. Mediation Yes NoC. Settlement Conference Yes No
B. Arbitration Yes NoD. Neutral Evaluation Yes No
IS THIS CASE CONTESTED? Yes NoIf yes, which issues appear to be contested?
Ground for divorce
Child Custody Visitation
Child Support
Alimony Permanent Rehabilitative
Use and possession of family home and property
Marital property issues involving:
Valuation of business Pensions Bank accounts/IRA’s Real Property
Other: _________________________________________________________________________
Paternity
Adoption/termination of parental rights
Other: ________________________________________________________________________________
Request is made for: Initial order Modification Contempt Absolute Divorce Limited Divorce
For non-custody/visitation issues, do you intend to request:
Court-appointed expert (name field)___________ Mediation by a Court-sponsored settlement program
Initial conference with the Court Other: _____________________________________
For custody/visitation issues, do you intend to request:
Mediation bya private mediatorAppointment of counsel to represent child (not just to
Evaluation by mental health professionalwaive psychiatric privilege)
Other Evaluation ____________________ A conference with the Court
________________________________________________________________________________________
Is there an allegation of physical or sexual abuse of party or child? Yes No
Page 2 of 2 Effective January 1, 2003
CASE NAME: ______________________ V _____________________ CASE NUMBER: _____________________
PlaintiffDefendant(Clerk to insert)
TIME ESTIMATE FORA MERITS HEARING: ________ hours ________ days
TIME ESTIMATE FOR HEARING OTHER THAN A MERITS HEARING: ________ hours ________ days
_________________________________________________________________________________
Signature of Counsel/PartyDate
___________________________________________
Print Name
___________________________________________
Street Address
___________________________________________
City/State/ZIP
RESET FORM
Page 1 of 2
DR 6 - Revised 8 Nov 2000
Circuit Court forCase No.
City or County
NameName
VS.
Street Address Apt. #Street AddressApt. #
( )
( )
City State Zip Code Area TelephoneCityState Zip Code Area Telephone
Code Code
Plaintiff Defendant
PETITION/MOTION TO MODIFY CHILD SUPPORT
(DOM REL 6)
I, , representing myself, state that:
My name
1.Iam the mother/father or of:
(Check One)Relationship (forexample,aunt,grandfather,guardian,etc.)
Name Date of BirthNameDate of Birth
Name Date of BirthNameDate of Birth
Name Date of BirthNameDate of Birth
2.On the Circuit Court for issued an
DateCity or County
Order in case number , ordering
to pay $weekly/biweekly/monthlytoward the support of the child(ren).
Amount(Check One)
3.Since that Order, circumstances have changed (check all that apply):
õExpenses for the child(ren) have substantiallyincreased (Explain):
õExpenses for the child(ren) have substantially decreased (Explain):
Father/mother’s incomehas substantiallyincreased (Explain):
(CheckOne)
Father/mother’s incomehas substantiallydecreased (Explain):
(CheckOne)
õChild(ren) have reached the age of 18 years.
õOther changes have occurred (Explain):
Page 2 of 2
DR 6 - Revised 8 Nov 2000
FOR THESE REASONS, I request the court (check all that apply):
õOrder an increase in child support.
Order a decrease in child support.
:Order child support to be paid (check one):
Through the local support enforcement agency.
Directlyto the person who has custody.
õOrder to provide health insurance for the child(ren).
Name
:Order any other appropriate relief.
I solemnly affirm under the penalties of perjury that the contents of the foregoing paper are true to
the best of my knowledge, information, and belief.
Date Signature
IMPORTANT: YOU MUST COMPLETE A FINANCIAL STATEMENT WITH THIS FORM
(Use Form DOM REL 30 or DOM REL 31)
Page 1 of 2
DR 30 - Revised 8 Nov 2000
Circuit Court forCase No.
City or County
NameName
VS.
Street AddressApt. #Street AddressApt.#
( ) ( )
City State Zip Code AreaTelephoneCity State Zip CodeArea Telephone
CodeCode
Plaintiff Defendant
FINANCIAL STATEMENT
(Short)
(DOM REL 30)
I, , state that:
My name
Iam themother/father or
Check OneState Relationship (forexample,aunt,grandfather,guardian,etc.)
of the minor child(ren):
Name Date of Birth Name Date of Birth
Name Date of BirthName Date of Birth
NameDate of Birth Name Date of Birth
The following is a list of my income and expenses (see below*):
See definitions on back before filling out.
Total monthly income (before taxes)$
Child support I am paying for my other child(ren) each month
Alimony I am paying each month to
Name of Person(s)
Alimony I am receiving each month from
Name of Person(s)
For the child or children listed above:
Monthly health insurance premium
Work-related monthly child care expenses
Extraordinary monthly medical expenses
School and transportation expenses
*To figure the monthly amount of expenses, weekly expenses should be multiplied by 4.3 and yearly expenses should be divided by 12.
If you do not pay the same amount each month for any of the categories listed, figure what your average monthly expense is
.
I solemnly affirm under the penalties of perjury that the contents of the foregoing paper are true to
the best of my knowledge, information and belief.
Date Signature
Page 2 of 2
DR 30 - Revised 8 Nov 2000
Total Monthly Income: Include income from all sources including self-employment, rent, royalties,
business income, salaries, wages, commissions, bonuses, dividends, pensions, interest,
trusts, annuities, social security benefits, workers compensation, unemployment benefits, disability
benefits, alimony or maintenance received, tips, income from side jobs, severance pay, capitol gains,
gifts, prizes, lottery winnings, etc. Do not report benefits from means-tested public assistance
programs such as food stamps or AFDC.
Extraordinary Medical Expenses: Uninsured expenses over $100 for a single illness or condition
including orthodontia, dental treatment, asthma treatment, physical therapy, treatment for any
chronic health problems, and professional counseling or psychiatric therapy for diagnosed mental
disorders.
Child Care Expenses: Actual child care expenses incurred on behalf of a child due to employment
or job search of either parent with amount to be determined by actual experience or the level required
to provide quality care from a licensed source.
School and Transportation Expenses: Any expenses for attending a special or private elementary
or secondary school to meet the particular needs of the child or expenses for transportation of the
child between the homes of the parents.
RESET FORM
Date of Birth
Date of Birth
Circuit Court for
Case No.
City or County
Street Address
Apt. #
CityStateZip Code
Area
Code
Telephone
Name
Street Address
Apt. #
CityStateZip Code
Area
Code
Telephone
vs.
Name
CHILD SUPPORT GUIDELINES WORKSHEET A
(DOM REL 34)
(Primary Physical Custody to One Parent)
Name of Child
Name of ChildDate of Birth
Name of Child
Name of ChildDate of Birth
Name of ChildDate of Birth
Name of ChildDate of Birth
1. MONTHLY ACTUAL INCOME (Before taxes)
a. Minus pre-existing child support payment actually paid
b. Minus alimony actually paid
c. Plus / minus alimony awarded in this case
2. MONTHLY ADJUSTED ACTUAL INCOME
3. PERCENTAGE SHARE OF INCOME (Divide each parent's
income on Line 2 by the combined income on Line 2)
4. BASIC CHILD SUPPORT OBLIGATION
(Apply Line 2 Combined Income to Child Support Schedule)
a. Work-Related Child Care Expenses (Code, FL § 12-204(h))
b. Health Insurance Expenses (Code, FL § 12-204(h)(1))
c. Extraordinary Medical Expenses (Code, FL § 12/204 (g))
5. TOTAL CHILD SUPPORT OBLIGATION
(Add lines 4, 4a, 4b, 4c and 4d)
6. EACH PARENT'S CHILD SUPPORT OBLIGATION
(Multiply Line 3 times Line 5 for each parent)
7. RECOMMENDED CHILD SUPPORT ORDER
(Bring down amount from Line 6 for the non-custodial parent
only. Leave custodial parent column blank)
a. Minus direct pay by noncustodial parent from Line 4.
-
-
-
-
%
%
+
+
+
DR 34 (Rev. 10/2007)
+/-
+/-
d. Additional Expenses (Code, FL § 12-104(i))
+
--
8. RECOMMENDED AMOUNT TO BE PAID TO
CUSTODIAL PARENT
Page 1 of 2
MotherFatherCombined
This Worksheet was revised, effective 10/1/07, to permit changes in calculations in accordance with FL 12-204. This
version has not been adopted by the Court of Appeals and does not conform to Maryland Rule 9-206 at this time.
Changes to the Rule are currently pending.
Comments, calculations, or rebuttals to schedule or adjustments if non-custodial parent directly pays
extraordinary expenses:
Deduct from the recommended child support order amount (Line 8) any third party benefits paid to or for a child
(e.g. SSA Disability, retirement or other third party dependency benefit).
PREPARED BY:
Date:
Page 2 of 2
Reset
This Worksheet was revised, effective 10/1/07, to permit changes in calculations in accordance with FL 12-204. This
version has not been adopted by the Court of Appeals and does not conform to Maryland Rule 9-206 at this time.
Changes to the Rule are currently pending.
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