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Ex Parte Motion For Order To Show Cause Regarding Modification Of Judgment Re (4A) Form. This is a Oregon form and can be use in Circuit Court Statewide.
Tags: Ex Parte Motion For Order To Show Cause Regarding Modification Of Judgment Re (4A), Oregon Statewide, Circuit Court
Modification 226 Motion & Declaration Page 1 of 8 (Aug 2019) IN THE CIRCUIT COURT OF THE STATE OF OREGON FOR THE COUNTY OF Case No: Petitioner EX PARTE MOTION FOR and ORDER TO SHOW CAUSE RE: JUDGMENT MODIFICATION and DECLARATION IN SUPPORT Respondent and Unmarried children 18, 19, or 20 years old (per ORS 107.108) (full names) I need an interpreter: Spanish Russian other: Motion I am the Petitioner Respondent in this case. I ask the court to issue an Order to Show Cause requiring the other party to appear and show cause why this court should not modify (change) the provisions of a prior judgment related to (check all that apply): Spousal/Partner Support Custody Parenting Time Child Support Other: The judgment I want to modify is (court or agency, case number, and date) Court Costs and Fees (whether paid or deferred) related to this motion Each party should be responsible for paying his or her own costs and fees Costs and fees should be paid by both parties equally Respondent Petitioner should reimburse the other party for costs and fees paid Other: Statement of Points and Authorities ORS 107.135(1)(a) allows the court to modify custody, parenting time, and support terms in a judgment of dissolution, annulment, or separation ORS 107.431 allows the court to set aside, alter, or modify parenting time and to terminate or modify child support if parenting time is being denied ORS 106.340(3) extends all legal rights and obligations of spouses pertaining to a child of either party to registered domestic partners ORS 109.103(1) extends all provisions of ORS 107.135 to unmarried parents American LegalNet, Inc. www.FormsWorkFlow.com Modification 226 Motion & Declaration Page 2 of 8 (Aug 2019) Declaration The other party is not in active military service of the United States and is not incapacitated, a minor, a protected person, or a respondent (as defined by ORS 125.005) Other (explain): Spousal/Partner Support: Spousal/Partner support should be terminated or changed to (explain the changes you want) Because (specifically describe substantial change in circumstances) Effective date - The new support order should be effective as of the date this Motion is served on the other party (or) Other Children The following children are affected by this request (names and ages of children) Custody and Parenting Time 1.UCCJEA Information (Uniform Child Custody Jurisdiction and Enforcement Act)This court has jurisdiction to modify custody, or parenting time under the UCCJEA (ORS109.741 226 109.751) because An Oregon court made the original order and the children (or at least one parent) still live in Oregon Other reason (explain) 1A. List the places where any of the named children has lived in the last five years, the names of the people they lived with at that time, and current contact addresses for those people A No-Contact Order (criminal or other) prohibits Respondent from exercising parenting time Case # County/State: American LegalNet, Inc. www.FormsWorkFlow.com Modification 226 Motion & Declaration Page 3 of 8 (Aug 2019) Current: Child222s Name Current Address Lives with: Petitioner Respondent Other: Petitioner Respondent Other: Residences: Dates From/To County, State Name of Parent/Caretaker Contact Address of Parent/Caretaker Which Children Additional page attached titled 223Section 6A-UCCJEA224 Additional Caregivers: Dates From/To Name of Parent/Caretaker Where did they live with this caretaker? Contact Address of Parent/Caretaker Which Children 1B. Other than the judgment I want to modify,I have not participated in any case about the custody or parenting time of thenamed children in any state or I have participated in the following case: Name of Court State Case No. Date of final decision Result (include names of affected children) Additional page attached; see section titled 223Section 1B-UCCJEA224 1C. I do not know of any other legal proceeding that may affect the outcome of this case, including enforcement of domestic violence or protective orders, adoption, termination of parental rights, or guardianship involving any of the children pending in any state American LegalNet, Inc. www.FormsWorkFlow.com Modification 226 Motion & Declaration Page 4 of 8 (Aug 2019) except for: (identify court, case number and the kind of proceeding) 1D. I do not know any person besides the other parent who has physical custody of the children or who claims to have custody, visitation or parenting time rights except for (list name and address): 2.A change in custody or parenting time is in the best interest of the children because(explain in detail) Additional page attached; see section titled 223Section 2-Best Interests224 2A. Custody should be changed as follows Petitioner Respondent should have sole custody of (names) Parties have agreed to joint custody of (names) Modification of custody is appropriate because circumstances have changed significantly since the prior judgment (explain in detail) Additional page attached; see section titled 223Section 2a-Circumstances224 2B. Parenting Time should be changed as follows (check all that apply) according to the attached Parenting Plan labeled Exhibit or as follows Parenting time should be supervised by Cost of supervision should be paid by: Petitioner Respondent Other Other terms Petitioner Respondent should not have parenting time because it would endanger the health or safety of the children (state supporting facts) American LegalNet, Inc. www.FormsWorkFlow.com Modification 226 Motion & Declaration Page 5 of 8 (Aug 2019) Additional page attached; see section titled 223Section 2B-Endangerment224 3.Relocation - Petitioner Respondent should be allowed to move more than 60 miles further distant from the other party without advance written notice because good cause exists (explain) 4.Contact Information - Petitioner Respondent should not be required to provide contact information to the other party because Child Support and Medical You must also file a Certificate re: Pending Child Support Proceeding and/or Existing Child Support Order Pending Child Support Cases No other child support case is pending in any state Another child support case is pending in another court or agency Name of court or agency: Case #: Existing Child Support Cases No other child support orders or judgments exist (besides the order I want to modify) Another child support order or judgment exists (besides the order I want to modify) Name of court or agency: Case #: Date signed: 1. Child support should be terminated (stopped) based on the change of custody requested above 2. Child support should be changed as follows based on the requested change of custody or substantially changed circumstances (explain in detail) 2A. Child Support (including Cash Medical Support, see instructions) is presumed to be unavailable because the parent who would pay (check all that apply): receives cash payments from a public assistance program including TANF or SSI is (or is expected to be) incarcerated (in jail or prison for at least 6 months) and has income less than $200 per month Support should be ordered despite the presumption because (explain why and complete the section below): American LegalNet, Inc. www.FormsWorkFlow.com Modification 226 Motion & Declaration Page 6 of 8 (Aug 2019) 2B. Support should be ordered payable: by Petitioner Respondent to Petitioner Respondent Adult Child Attending School (name): on the first day of each month beginning the month following entry of this judgment or the date of service of this Motion 2C. The total monthly amount should be $ , which is (check one): the amount presumed correct under the Oregon child support guidelines, worksheets are included with this Motion (or) different from the amount presumed correct by the child support guidelines because the guideline amount would be unjust or inappropriate (explain) (The reasons must also be shown on the support worksheets you submit with this Motion) 3.Payment 226 I understand that payments will be made by income withholding unless anexception applies3A. I request an exception to the income withholding requirement of ORS 25.378 so that payment can be made another way because good