COURT COUNTY .OF. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ......... .. : : Index No. Calendar No. : Completing a Motion for Modification – CAO 10-1 SUBPOENA JUDICIAL Plaintiff(s) (10/10/2003 Revision) -against: [REMOVE THESE INSTRUCTION PAGES BEFORE FILING] Talk to an Attorney, if Possible : Warning: When you represent yourself in a court case you are held to the same standard as an : attorney. This applies to your preparation of paperwork and your conduct at all hearings and/or trial. Your lack of legal knowledge may cause you to make serious errors in handling your case. Defendant(s) : . . These instructions. are . . . .a . . . . . . . . . . . . legal. advice.. .The laws and court rules are complex . . . . . . . . . . . . . . . . . . . not . substitute for . . . . . . . . . . . . and following these instructions will not guarantee that your rights are protected or that you will be satisfied with the result. You should always talk to a lawyer about your legal problems before filing any legal paperwork. Even if you do not hire a lawyer to appear in your case, a lawyer can give you more THE STATE OF your rights. THE PEOPLE OFinformation aboutNEW YORK Call the Idaho State Bar (208-334-4500) to provide you with the name of an attorney who handles this type of case. TO YOU WILL BE SIGNING A SWORN STATEMENT THAT YOU HAVE READ THE MOTION FOR MODIFICATION, KNOW THE CONTENTS AND BELIEVE IT’S TRUE. TO AVOID MAKING ANY MISSTATEMENTS, BE SURE TO READ THE ENTIRE COMPLETED FORM NAD EVERY INSTRUCTION. GREETINGS: Instructions WE COMMAND YOU, that all business and excuses being laid aside, you and each of you attend before , the Honorable at the Court located at County of forms by typing or by printing neatly and legibly in black ink. If you are working on a Fill in the incomputer, you may the room , on delete the optional sections you don’t need o'clock in the the remainingany recessed day of , 20 , at and renumber noon, and at orsections, or type in “none” if give evidence as a witness in this action on the part of the with a adjourned date, to testify and a section doesn’t apply. Optional sections are shown boldface “or”. If the section does not contain a boldface “or” it is necessary and you should type in the appropriate information (which might be the word “none”). Always keep a copy of the completed form for your records. Your failure to comply with this subpoena is punishable as a contempt of court and will make you liable to the partythe top left-hand this subpoena was issuedyourafull legal name, address, and all damages sustained as a • At on whose behalf corner of page 1, fill in for maximum penalty of $50 and telephone result number. of your failure to comply. • Fill in the county and judicial district in the heading (for example, “In the District Court of the Witness, Honorable , one is in Justices of the Sixth Judicial District in and for the County of Bannock”) exactly like it of thethe Order or asking changed. Court Decree you areCounty, to beday of in , 20 • Fill in the names of the plaintiff and defendant exactly as they appeared in the caption in the original case. • Fill in the case number from the original case. (Attorney must sign above and type name below) Fill in your full legal name and check the box to indicate if you are the mother or the father. Attorney(s) for 1. Fill in the name and date of birth for each minor child and the city and state where each child has lived for the last five years. If none of the children and no parent still lives in Idaho, the Idaho court may lack authority (“jurisdiction”) to modify custody. In that event you should consult an attorney to determine whether there may be other grounds for jurisdiction under the Uniform Child Custody Jurisdiction and Enforcement Act, Section 32-11-203, I.C. Office and P.O. Address 2. Write in the city, county and state where Mother resides and the city, county and state where Father resides. Telephone No.: 3. UCCJEA Jurisdiction. Facsimile No.: E-Mail Address: Mobile Tel. No.: MOTION TO MODIFY PAGE 1 CAO 10-1 Revised 10/10/2003 American LegalNet, Inc. www.USCourtForms.com COURT COUNTY .OF. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ......... .. : : Index No. Calendar No. You are required to inform the court if there have been any:other cases involving your child/ren JUDICIAL SUBPOENA Plaintiff(s) in any court or if there are any other people claiming custody or visitation rights with the -againstchild/ren. In paragraphs 3a, b, c and d, provide all requested information or write “none”. : 4. Before asking the court to modify (change) the order now in effect, you must provide : information to the court explaining what significant (“substantial and material” for child support) change(s) in circumstances make the modification necessary. Check the box/es that describe : the change(s) that have occurred since the most recent order. If none of the boxes apply, Defendant(s) provide your own description of the changes. : ...................................................... 5. Custody. • Check the box if you are seeking to have the previous order modified with respect to custody OF THE STATE OF NEW THE PEOPLE (or “Parenting Plan”) and YORK • Write in the date of the most recent Custody Order. Consult the court file if you are unsure TO about the date of the most recent order. Note: There may be different orders if you have changed either support or custody before. Legal Custody. “Joint legal custody” means each parent has decision-making rights, responsibilities and authority relating to the health, education and general welfare of the GREETINGS: child/ren. The court will award joint legal custody unless you can prove it would not be in the best interest of the minor child/renall business and excuses being laid aside, you and rights. you attend before WE COMMAND YOU, that for the other parent to have decision-making each of • Check the , the Honorable first box if both parents are fit persons to have decision-making rights, at the Court responsibilities and authority relating to the health, education and general welfare of the located at County of child/ren. or in room , on the day of , 20 , at o'clock in the noon, and at any recessed Check the to testify and you are declaring that one parent should have of the or•adjourned date,second box if give evidence as a witness in this action on the part sole legal custody of the child/ren, and o Write in the name of the parent who should be given sole legal custody and o State why the other parent should NOT be allowed to share legal custody. Your failure to comply with this subpoena is punishable as a contempt of court and will make you liable to Physical Custody. “Joint physical custody” means each parent has significant periods of time in the party on whose behalf this subpoena was issued for a maximum penalty of $50 and all damages sustained as a which your failure to comply. result of a child resides with or is under his/her care and supervision. Joint physical custody assures the child/ren frequent and continuing contact with both parents but does not necessarily mean the child spends exactly the same amount of time with each parent. The court will award Witness, Honorable , one of the Justices of the joint physical custody unless you can prove it would not be in the best interest of the minor Court in County, day of , 20 child/ren. • Check the first box if both parents should be given physical custody of the child/ren and o Complete the Parenting Plan. (Both parents may sign the Parenting Plan, but it is not required). Write “Exhibit A” on the bottom of the first page of sign above and typePlan below) (Attorney must the Parenting name and attach it to the Motion for Modification. IMPORTANT: The Parenting Plan must be attached to make it a part of the Motion for Modification. Make an extra copy of the Parenting Plan to attach to the Modification Order. or Attorney(s) for • Check the second box if you are asking the court to give sole physical custody of the child/ren to only one parent, and • Write in the name of the parent should be given sole physical custody and • State why the other parent should NOT be given periods of time when the child/ren resides Office and P.O. Address with or is under his/her care and supervision. o If you want the court’s order to give the other parent restricted or conditional time with the child/ren, write in the parent’s name and o State specifically what you want the court to order. Telephone No.: Facsimile No.: E-Mail Address: Mobile Tel. No.: MOTION TO MODIFY PAGE 2 CAO 10-1 Revised 10/10/2003 American LegalNet, Inc. www.USCourtForms.com COURT COUNTY .OF. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ......... .. : : Index No. Calendar No. : 6. Child Support. JUDICIAL SUBPOENA Plaintiff(s) • If there is already a Child Support Order and you do not need any change(s), check the : first box. If the Child -against- Order is in a different case, make a copy of that Order, mark it Support as “Exhibit B” and attach it to this Motion for Modification. : or • If you want to change an existing Child Support Order, check the second box. : o You will first need to complete an Affidavit Verifying Income and a Child Support Worksheet. A Court Assistance Officer can help you generate these documents if you provide the Defendant(s) : required. information.. .The .Child .Support. Worksheet. will be used to complete this section. ............... .......... ... .... ...... ......... • Check the third box and o Write in the name of the parent who will pay child support and the total monthly amount (the base amount of support plus or minus any adjustments for medical insurance premiums and/or the tax dependency). THE PEOPLE OF THE STATE OF NEW YORK • If your child support calculation includes the paying parent’s share of medical insurance TO premiums and/or tax benefits. o Fill in the Base Amount of child support o Check the appropriate boxes and fill in the amount of the adjustment(s). • If you have more than one minor child, you will need to have a separate calculation to reflect the changed GREETINGS: amount of support as each child is no longer eligible for support under Idaho law. Fill in the total amount of child support, as calculated according to the Idaho Child Support Guidelines for the remaining children. WE COMMAND YOU, that all business and excuses being laid aside, you and each of you attend before • Attach your Affidavit Verifying Income and at the Worksheet(s) to the Motion for Modification, Support , the Honorable Court marking each as “Exhibit B”. located at County of in room , on the day of , 20 , at o'clock in the noon, and at any recessed orExtended Visits.to testify and givelives in the home of one parent aton the part of the time, you can adjourned date, If the child/ren evidence as a witness in this action least 75% of the adopt either or both of the next two paragraphs of the form. If the child/ren spends more than 25% of the overnights in a year with each parent (shared physical custody), ignore the next two paragraphs of the form. NOTE: Section 10(e) of the Idaho Child Support Guidelines, Rule 6(c)(6) Your failure to comply with this subpoenadescribe “Shared contempt of court and will make you liable to of the Idaho Rules of Civil Procedure, is punishable as a Physical Custody” and computation of child support with that parenting arrangement. You can $50 and all damages sustained as a the party on whose behalf this subpoena was issued for a maximum penalty of get a copy of the Idaho Child your failure to comply. result ofSupport Guidelines from a Court Assistance Office or from the Internet at http://www2.state.id.us/judicial/rules/ircp6c6.rul. If you selected the first paragraph, indicate how much the support payment will be reduced by either checking theone offor 50% or filing in Witness, Honorable , box the Justices of the your own percentage. Court in day of , 20 WARNING: If you County, parent paying child support (the “obligor”) you should be aware the are the decree will provide for collection of unpaid child support from your wages and from your real estate or personal property. The decree will also provide that if you move to another state, the child support award (and any spousal maintenance award) can be enforced directlynamecourts in (Attorney must sign above and type by below) other states. Additionally, you should be aware that, according to Idaho law, if unpaid child support equals or exceeds the total support owing for ninety (90) days or the sum of $2,000, whichever is less, you are subject to suspension of any license to practice or engage in any Attorney(s) concealed weapon, or business, occupation or profession, operate a motor vehicle, carry afor engage in any recreational activity, including hunting or fishing. Further, the State Tax Commission will withhold and set-off any state tax refund to collect any unpaid child support, or unpaid spousal support, and the Idaho State Lottery will likewise withhold and set-off a prize of a lottery prize-winner. Office and P.O. Address 7. Medical Insurance. • Check the first box if there will be no change. or • Check the appropriate box to indicate how health insurance coverage for the child/ren is Telephone No.: now being provided. If you selected the second paragraph, write in the name of the Facsimile No.: E-Mail Address: Mobile Tel. No.: MOTION TO MODIFY PAGE 3 CAO 10-1 Revised 10/10/2003 American LegalNet, Inc. www.USCourtForms.com COURT COUNTY .OF. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ......... .. : : • Index No. Calendar No. : parent(s) currently providing health insurance. JUDICIAL SUBPOENA Plaintiff(s) In the fourth paragraph, if health insurance premiums are NOT included in the calculation of -against: child support and you want a court order that the premium be shared, check the box and write in the percentage to be paid by each parent, based on each of your Guidelines income percentage. (These percentages are determined when: calculating the child support. Refer to the Child Support Worksheet.) : If you are the parent providing medical insurance the Order will state: Notice Defendant(s) : ...................................................... Failure to provide medical insurance coverage may result in the direct enforcement of a medical support order by either the obligee (party or parent other than the parent ordered to carry or provide a health benefit plan for the parties' minor child/ren) or the Department of Health and OF THE A national NEW YORK THE PEOPLEWelfare. STATE OF medical support notice will be sent to your employer, requiring your employer to enroll the child in a health benefit plan as provided by Sections 32-1214A through 32-1214J, Idaho Code, and applicable rules of the department. TO 8. Health Care Costs Not Paid by Insurance. • Check the first box if there will be no change. or • Check the second box and write in the percentage to be paid by each parent. Idaho’s Child GREETINGS: Support Guidelines presume a sharing in proportion to your Guidelines incomes. WE COMMAND YOU, that all business and excuses being laid aside, you and each of you attend before 9. Work-related Child Care Costs. , the Honorable at the Court • Check located no County of the first box if there will beat change. or Fill in•room in the percentages each parent will pay. , on the day of , 20 , at o'clock in the noon, and at any recessed •adjourned date,boxtestify and give evidence as a witness in this action on the part of the or Check the to if both parents will pay the care provider directly. 10. Income Tax Exemption. • Check the first box if there will be no change. or Your failure to the name of the parent is punishable each child as dependent make you • Write in the blankcomply with this subpoenawho will claimas a contempt ofacourt and willon their liable to the party on whose behalf this subpoena was issued for a maximum must reflect the samedamages sustained as a income tax return(s). Note: The child support calculation penalty of $50 and all designation. result of your failure to comply. Witness, Honorable , one of the Justices of the Signature. Go to an office where there’s a Notary. Sign the Motion to Modify in front of the Court in County, day of , 20 Notary and have your signature notarized. Exhibits: Mark your Parenting Plan as “Exhibit A” and your Child Support Affidavit and (Attorney must sign Make an extra below) Worksheet(s) or Child Support Order from another case as “Exhibit B”. above and type namecopy of the Parenting Plan for use with the Modification Order, before attaching to the Motion. Attach Exhibits to the Motion with a staple. Make additional copies of the Motion with Exhibits attached so there is a copy for each party. Take the original and copies to the clerk of the court for filing Attorney(s) for and conforming. Refer to the Instruction – Filing for Modification – for complete instructions. REMOVE THESE INSTRUCTIONS BEFORE FILING YOUR P.O. Address MODIFY! Office and MOTION TO MOTION TO MODIFY CAO 10-1 Revised 10/10/2003 Telephone No.: Facsimile No.: E-Mail Address: Mobile Tel. No.: PAGE 4 American LegalNet, Inc. www.USCourtForms.com COURT COUNTY .OF. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ......... .. : Index No. : Plaintiff(s) -against- Calendar No. : JUDICIAL SUBPOENA : : Full Name of Party Submitting This Document : Defendant(s) : . .Mailing .Address . . . . . or.Post. Office Box) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (Street . . . . . . . . . . City, State and Zip Code THE PEOPLE OF THE STATE OF NEW YORK Telephone Number TO IN THE DISTRICT COURT OF THE JUDICIAL DISTRICT OF THE STATE OF IDAHO, IN AND FOR THE COUNTY OF GREETINGS: WE COMMAND YOU, that all business and excuses being laid aside, you and each of you attend before , the Honorable at the Court Case No.: __________________________ _____________________________________, located at County of Plaintiff, in room , on the day of , 20 MOTION TO MODIFY AN ORDERand at any recessed , at o'clock in the noon, OR vs. date, to testify and give evidence as a witness in this action on the part of the or adjourned DECREE Fee Category: _____________________________________, Filing Fee: Defendant. Your failure to comply with this subpoena is punishable as a contempt of court and will make you liable to the party on whose behalf this subpoena was issued for a maximum penalty of $50 and all damages sustained as a result of your failure to comply. I, ___________________________________________, [ ] Mother [ ] Father, ask the , one of the Justices of the court toWitness, Honorable enter an order pursuant to Rule 60(c), I.R.C.P., modifying a previous Order/Decree Court in County, day of , 20 entered in this case, and state: 1. The following child/ren under the age of 18 years, or 19 years and still pursuing a high (Attorney must sign above and type name below) school education, was/were born to or adopted by the parties: Name Date of Birth Addresses for last 5 years (Beginning with most recent city & state) Attorney(s) for Office and P.O. Address 2. Mother resides at (city, county, state) ________________________________________. Telephone No.: Facsimile No.: Father resides at (city, county, state) _________________________________________________. E-Mail Address: MOTION TO MODIFY AN ORDER OR DECREE PAGE 1 Mobile Tel. No.: CAO 10/1 Revised 10/10/2003 American LegalNet, Inc. www.USCourtForms.com COURT COUNTY .OF. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ......... .. : : Index No. Calendar No. : JUDICIAL SUBPOENA Plaintiff(s) 3. UCCJEA Jurisdiction. This court has jurisdiction to modify custody of our child/ren -against: pursuant to the Uniform Child Custody Jurisdiction and Enforcement Act, Idaho Code § 32-11101, et seq. : a. I was a party or witness in the following case(s) involving our child/ren (provide : all specifics including the state, the court, the case number, the type of case and the date of any order(s)): Defendant(s) : . . . . . . . . _____________________________________________________________________ .............................................. _____________________________________________________________________. b. I know of the following court case(s) that could affect our child/ren (provide all THE PEOPLE OFincluding the court, the caseYORK the type of case and the date of any order(s). If the order is THE STATE OF NEW number, specifics TO for child support, attach a copy): ________________________________________________________________________ _______________________________________________________________________. c. In addition to the parents, the following person(s) claim custody or visitation GREETINGS: for our child/ren (list names and addresses): WE COMMAND YOU, that all business and excuses being laid aside, you and each of you attend before ______________________________________________________________________ , the Honorable at the Court located at County of______________________________________________________________________. in room , If our day live(s) with someone at , 20 , other than a parent, the name(s) and any recessed o'clock in the noon, and at d.on the child/renof or adjourned date, to testify and give evidence as a witness in this action on the part of the present address(es) of the person(s) with whom our child/ren live(s) is/are: ______________________________________________________________________ _____________________________________________________________________. Your failure to comply with this subpoena is punishable as a contempt of court and will make you liable to the party on whose behalf been substantial and materialmaximum penalty of $50 and all damages sustained as a 4. There have this subpoena was issued for a changes in the circumstances of the result of your failure to comply. parties since the date of the last Order/Decree herein. The following changes have occurred (check allWitness, Honorable boxes that apply): Court in [ [ [ [ [ , one of the Justices of the County, day of , 20 ] The custodial arrangement. ] The gross annual income of one or both parents. ] A parent is providing medical insurance. ] The parent claiming the tax dependency exemption should be changed. name below) (Attorney must sign above and type ] (other reason) Attorney(s) for . 5. Custody. [ ] No change. or [ ] The moving party requests that the court modify the order entered (date of last custody Office and P.O. Address order) _____________________________ respecting custody of the minor child/ren as follows: MOTION TO MODIFY AN ORDER OR DECREE CAO 10/1 Revised 10/10/2003 Telephone No.: Facsimile No.: E-Mail Address: Mobile Tel. No.: PAGE 2 American LegalNet, Inc. www.USCourtForms.com COURT COUNTY .OF. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ......... .. : : Index No. Calendar No. : JUDICIAL SUBPOENA Plaintiff(s) Legal Custody. [ ] No change. or -against: [ ] Both parties are fit persons to act as parents. It is in the best interest of our child/ren that we be awarded joint legal custody. or : [ ] It is in the best interest of our child/ren that ____________________________ be : awarded sole legal custody because _______________________________________________ Defendant(s) : . .____________________________________________________________________________ .................................................... ____________________________________________________________________________ ___________________________________________________________________________. THE PEOPLE OF THE STATE OF NEW YORK Physical Custody. [ ] No change. or TO [ ] It is in the best interest of our child/ren that we be awarded joint physical custody of our child/ren on the terms and according to the Parenting Plan which is attached as “Exhibit A”. or GREETINGS: [ ] _________________________ should be awarded sole physical custody of our WE COMMAND YOU, that all business and excuses being laid aside, you and each of you attend child/ren because ______________________________________________________________ before , the Honorable at the Court ____________________________________________________________________________ located at County of in____________________________________________________________________________recessed room , on the day of , 20 , at o'clock in the noon, and at any or adjourned date, to testify and give evidence as a witness in this action on the part of the ___________________________________________________________________________. [ ] ____________________________ should spend time with our child/ren [ ] as follows: __________________________________________________________ Your failure to comply with this subpoena is punishable as a contempt of court and will make you liable to the party on whose behalf this subpoena was issued for a maximum penalty of $50 and all damages sustained as a ____________________________________________________________________________ result of your failure to comply. ____________________________________________________________________________ ____________________________________________________________________________ Witness, Honorable , one of the Justices of the Court in County, day of , 20 ____________________________________________________________________________ or [ ] in accordance with the Parenting Plan which is attached as “Exhibit A”. name below) (Attorney must sign above and type 6. Child Support. [ ] Child support has already been set and does Attorney(s) for not need to change. If child support was set in a different case, a copy of the Child Support Order is attached as “Exhibit B”. or [ ] This court has jurisdiction to determine child support, Title 32, Chapter 7, Idaho Code. The moving party requests that the court modify the order entered (date of last Child Support Office and P.O. Address Order) _______________________ respecting child support for the minor child/ren as follows: [ ] Child support should be paid by _________________________ in the total amount Telephone No.: of $_________ per month, based on the Idaho Child Support Guidelines, according to the Facsimile No.: E-Mail Address: MOTION TO MODIFY AN ORDER OR DECREE PAGE 3 Mobile Tel. No.: CAO 10/1 Revised 10/10/2003 American LegalNet, Inc. www.USCourtForms.com COURT COUNTY .OF. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ......... .. : : Index No. Calendar No. : JUDICIAL SUBPOENA Plaintiff(s) Affidavit Verifying Income and Child Support Worksheet(s) attached as “Exhibit B”. The total -against: amount includes: Base child support in the amount of: $__________ [ ] Work-related childcare expenses [ ] Insurance premiums allocated in the amount of: [ ] Tax benefits allocated in the amount of: : : $__________ $__________ $__________ Defendant(s) : . . . . . . . . Child. support .payments .should. begin .on. the .twentieth (20) day of the month after the .... ....... ........ ..... ..... . ... ...... Decree of Divorce is signed and continue to be paid on the twentieth (20) day of each following month until the child/ren for whom support is being paid reaches the age of eighteen (18). If a THE PEOPLE OFsupport is being paid continues his/her high school education after reaching the child for whom THE STATE OF NEW YORK age TO of eighteen (18) years, child support payments should continue until the child discontinues his/her high school education or reaches the age of nineteen (19) years, whichever is sooner. Payment should be made payable to the Department of Health and Welfare and sent to: Idaho GREETINGS: Child Support Receipting, P.O. Box 70008, Boise, ID 83707-0108. If this Child Support Order has not been modified, when one aside, no and each of you WE COMMAND YOU, that all business and excuses being laidchild is youlonger entitled toattend before , the Honorable support for the remaining child/ren should continue in the total amount of at the Court support, child located at County of $___________ per month; when two children are no longer entitled to support, child support for the in room , on the day of , 20 , at o'clock in the noon, and at any recessed orremaining child/rentestify and give evidencetotal amount in this action on the part month; when three adjourned date, to should continue in the as a witness of $____________ per of the children are no longer entitled to support, child support for the remaining child should continue in the total amount of $____________ per month. Your failure to comply with this subpoena is punishable as a contempt of court and will make you liable to NOTICES the party on whose behalf this subpoena was issued for a maximum penalty of $50 and is damages sustained as a According to Chapter 12, Title 32, Idaho Code, this Child Support Order all result immediately enforceable through income withholding. Income withholding shall be of your failure to comply. enforced by a Withholding Order issued to the paying parent’s employer without additional notice to the paying parent. A statewide lien on all real one of the Justices of the Witness, Honorable , and personal paying Court property of the County, parent will arise automatically if child support is past due in an in day of , 20 amount equal to the smaller of $2,000 or 90 days of support, according to Idaho Code §§7-1206 and 45-1901, et.seq. The Support Order can also be enforced by license suspension. (Attorney must sign above and type name below) [ ] Extended Visits: Our child/ren live/s in the home of one parent at least 75% of the time. Attorney(s) for [ ] When the parent paying child support has physical custody of the child/ren for 14 or more overnights in a row, the amount of base child support should be reduced for that period of time; however, visitation of two overnights or less with the other parent should not eliminate the Office and P.O. Address reduction of base child support during extended visits. The child support reduction for the period of the actual physical custody should be [ ] 50% or [ ]_______% of the base child support Telephone No.: Facsimile No.: E-Mail Address: MOTION TO MODIFY AN ORDER OR DECREE PAGE 4 Mobile Tel. No.: CAO 10/1 Revised 10/10/2003 American LegalNet, Inc. www.USCourtForms.com COURT COUNTY .OF. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ......... .. : : Index No. Calendar No. : JUDICIAL SUBPOENA Plaintiff(s) obligation. The reduction should be subtracted from the child support payment due the next -against: month. : [ ] If the parent paying child support has physical custody of some but not all of the children for a continuous period of fourteen (14) or more overnights in a row, before a reduction is : made, the base child support obligation should first be divided by the number of children under Defendant(s) : . .eighteen .(18) .years. of. age. . . . . reduction.for .the.paying. parent should only apply to the base child . . . . . . . . . . . . . . . . . . . The . . . . . . . . . . . . . . . . . . . . . support thus allocated to the children in that parent's custody. (Example: Parent has 3 of 4 children for 14 days. $300/mo. base support payment divided by 4 children = $75 per child per PEOPLE OF THE STATE OF NEW YORK THE month divided by 30 days = $2.50 per day per child x 14 days = $35.00 x 3 for 3 children = $105.00. Reduction = 50% of $105 or $52.50.) TO 7. Medical Insurance. [ ] No change. or [ ] is/are currently providing health insurance for the minor child/ren and should continue to do so, so GREETINGS: long as it is reasonably available through that parent’s employment. If such insurance becomes WE COMMAND YOU, that all business and excuses being laid aside, you and each of you attend before unavailable , the Honorable to the parent currently providing insurance, the parent first reasonably able to obtain at the Court located at County of group health insurance through employment should do so. or in room , on the day of , 20 , at o'clock in the noon, and at any recessed [ ] Neither parent is currently providing health insurance for the child/ren. The parent or adjourned date, to testify and give evidence as a witness in this action on the part of the first reasonably able to obtain group health insurance through employment should do so. or [ ] The child/ren participate/s in the Children’s Health Insurance Program. The parent Your failure to comply with this subpoena is punishable as contempt of shall do so. first reasonably able to obtain group health insurance throughaemploymentcourt and will make you liable to the party on whose behalf this subpoena was issued for a maximum penalty of $50 and all damages sustained as a [ ] failure to child support amount does not include any actual cost paid by either parent result of your The total comply. for health insurance premiums for the child/ren. That cost, whether being paid now or incurred Witness, Honorable , their Guidelines of the in the future, should be prorated between the parents in proportion to one of the Justicesincome. Court in County, day of , 20 Father should pay ______ % and Mother should pay _______ %. The payment should be in addition to the base child support award and promptly paid directly between the parents. (Attorney must ordered to provide the Where medical insurance is provided, each parent should besign above and type name below) other with all medical insurance information necessary to obtain health care for the child/ren. Insurance proceeds will be applied first to unpaid medical bills and then to reimburse the paying Attorney(s) for parent for any prepaid medical costs. Both parents shall sign any needed document that provides continuing health care for our child/ren. Notice Office and P.O. Address Failure to provide medical insurance coverage may result in the direct enforcement of a medical support order by either the obligee (party or parent other than the parent ordered to carry or provide a health benefit plan for the parties' minor child/ren) or the Department of Telephone No.: Health and Welfare. A national medical support notice will be sent to your employer, requiring Facsimile No.: E-Mail Address: MOTION TO MODIFY AN ORDER OR DECREE PAGE 5 Mobile Tel. No.: CAO 10/1 Revised 10/10/2003 American LegalNet, Inc. www.USCourtForms.com COURT COUNTY .OF. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ......... .. : : Index No. Calendar No. : JUDICIAL SUBPOENA Plaintiff(s) your employer to enroll the child in a health benefit plan as provided by Sections 32-1214A -againstthrough 32-1214J, Idaho Code, and applicable rules of the :department. : 8. Health Care Costs Not Paid by Insurance. [ ] No change. or : [ ] The actual cost paid by either parent for health care expenses for the child/ren not covered or paid in full by insurance, Defendant(s) not limited to orthodontic, optical and including, but : ...................................................... dental, should be prorated between the parents. Father should pay ______ % and Mother should pay _______ %. These payments should be in addition to the base child support award and be promptly paid directly between the parents. THE PEOPLE OF THE STATE OF NEW YORK Any health care for the child/ren (whether denominated as psychiatric, psychological, TO special education, addiction treatment, or counseling in any form, and including regular medical or dental care), whether or not covered by insurance, that would result in an actual out-ofpocket expense of over $500 to the parent who did not incur or consent to the expense, must be GREETINGS: approved in advance, in writing, by both parents or by prior court order. (Note: The court may WE COMMAND YOU, that all business and excuses being laid aside, you and each of you attend before consider whether consent for out-of-pocket expenses in excessCourt of $500 was unreasonably , the Honorable at the located at County of or withheld and order payment of the incurred expense in some percentage other requested in room , on the day of , 20 , at o'clock in the noon, and at any recessed than the Guidelines Income.) or adjourned date, to testify and give evidence as a witness in this action on the part of the 9. Work-related Child Care Costs. [ ] No change. or [ ] The total child support amount does not include work-related child care costs. The Your failure to comply with work-related child care should be paid ______% by Father actual net out-of-pocket costs for this subpoena is punishable as a contempt of court and will make you liable to the party on whose behalf this subpoena was issued for a maximum penalty of $50 and all damages sustained as a and _____% by Mother. result of your failure to comply. [ ] Payment should be made directly to the child care provider by both parents Witness, Honorable , one of the child care according to arrangements made with the care provider. If one parent pays the Justices of the Court in County, day of , 20 provider any portion of the other parent’s share of costs, the non-paying parent should reimburse the paying parent within 10 days after the paying parent provides a copy of the invoice and receipt for the payment. (Attorney must sign above and type name below) 10. Income Tax Exemption. [ ] No change. or [ ] The state and federal dependency tax exemption(s) for the parties’ minor child/ren Attorney(s) for should be assigned as follows: ____________________________________________________ ______________________________________________________________________________ _____________________________________________________________________________. Office and P.O. Address The parent not receiving the exemption(s) should sign the required Internal Revenue Service form(s) to release the claim to the exemption(s). Telephone No.: VERIFICATION: I swear I have read this Motion Facsimile No.: all facts included are and state that MOTION TO MODIFY AN ORDER OR DECREE CAO 10/1 Revised 10/10/2003 E-Mail Address: Mobile Tel. No.: PAGE 6 American LegalNet, Inc. www.USCourtForms.com COURT COUNTY .OF. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ......... .. : : Index No. Calendar No. : JUDICIAL SUBPOENA Plaintiff(s) true. WHEREFORE, the moving party asks that the court enter its Modification Order after -against: appropriate notice. : DATE , 20 . : Signature of Party Submitting Defendant(s) : ...................................................... SUBSCRIBED AND SWORN to before me this day of THE PEOPLE OF THE STATE OF NEW YORK TO , . ________________________________ Notary Public for Idaho Residing at: ____________________ My Commission expires: ___________ GREETINGS: WE COMMAND YOU, that all business and excuses being laid aside, you and each of you attend before , the Honorable at the Court located at County of in room , on the day of , 20 , at o'clock in the noon, and at any recessed or adjourned date, to testify and give evidence as a witness in this action on the part of the Your failure to comply with this subpoena is punishable as a contempt of court and will make you liable to the party on whose behalf this subpoena was issued for a maximum penalty of $50 and all damages sustained as a result of your failure to comply. Witness, Honorable Court in County, , one of the Justices of the day of , 20 (Attorney must sign above and type name below) Attorney(s) for Office and P.O. Address MOTION TO MODIFY AN ORDER OR DECREE CAO 10/1 Revised 10/10/2003 Telephone No.: Facsimile No.: E-Mail Address: Mobile Tel. No.: PAGE 7 American LegalNet, Inc. www.USCourtForms.com COURT COUNTY .OF. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ......... .. : Index No. : Plaintiff(s) -against- Calendar No. : JUDICIAL SUBPOENA : : REMOVE THIS PAGE AND : Defendant(s) : ...................................................... If modifying the custody schedule, Attach the Parenting Plan and THE PEOPLE OF THE STATE OF NEW YORKas “EXHIBIT A” Mark it TO If modifying child support, Attach the Affidavit Verifying Income and GREETINGS: Child Support Worksheet(s) and WE COMMAND YOU, that all business and excuses being laid aside, you and each of you attend before Mark them as “EXHIBIT B” , the Honorable at the Court located at County of in room , on the If child support was ordered ,in a different case, the day of , 20 at o'clock in noon, and at any recessed or adjourned date, to testify and give Attach that a witness in thisOrder on the part of the evidence as Child Support action and Mark it as “EXHIBIT B” Your failure to comply with this subpoena is punishable as a contempt of court and will make you liable to the party on whose behalf this subpoena was issued for a maximum penalty of $50 and all damages sustained as a result of your failure to comply. Witness, Honorable Court in County, , one of the Justices of the day of , 20 (Attorney must sign above and type name below) Attorney(s) for Office and P.O. Address Telephone No.: Facsimile No.: E-Mail Address: Mobile Tel. No.: American LegalNet, Inc. www.USCourtForms.com