In this assignment, you will draft a Motion for Modification, which is due by the end of Unit 6.
The courts in most states have a website or court assistance office where individuals can obtain the court forms they need to file for divorce or motion for custody, visitation, a modification in child support, and much more. Complete the following exercise to become familiar with a commonly filed motion, a motion for the modification of child support.
You are the attorney for Maureen Foley in her child custody modification case. Read the following fact scenario and use this form (ATTACHED)to make a motion for modification of child support on Maureen’s behalf. This document can also be found in Doc Sharing.
Maureen Foley (she has resumed her maiden name) and Richard Turrow were divorced in 2006 in Idaho, following ten years of marriage. At the time of the divorce, the couple had two children, Colin and Tyler, ages 4 and 6, and the court awarded joint legal custody to both parties and physical custody of both children to Maureen. Richard was ordered to pay $450/month in child support for both children. At the time of this order, Richard made approximately $25,000 a year, and Maureen made $14,000 a year. Maureen now makes $18,000 a year and just isn’t cutting it with such a low amount of child support for two growing children who eat a lot more food than they did when they were only 4 and 6. Also, Richard now makes $45,000 a year thanks to a major promotion a few years ago.
Richard’s insurance provides medical insurance for the children, but nothing was put into the divorce decree that he must continue this insurance coverage, so you should be sure to request in the proper section of this form that Richard provide medical insurance as a continuing obligation. Also, Tyler needs psychotherapy, and after insurance, this will cost a total of $15,000. Maureen cannot afford to pay half of this amount as per the divorce decree that each ex-spouse pays half the health care costs not paid by insurance, so she wants to change this amount to Richard paying 75% of the cost and Maureen pay 25%.
The children do not stay overnight at Richard’s, and in fact, he often does not bother visiting the children on his designated visitation time. There are no other pending related claims in other states involving these children.
Complete the motion for Maureen. Her address is: 400 Potato Field Lane; McCall, ID 83710. Richard’s address is: 6 Patriot Road; McCall, ID 83710.
She has lived at this address since the divorce with the children. The children were born on the following dates: Colin was born on March 4, 2002, and Tyler was born on April 19, 2000. The children still have retained Richard's last name, Turrow. Maureen does not wish to change the custody or visitation provisions or anything related to work-related child care costs; she only wants to increase the child support payments and ensure that Richard will be obligated to continue the health insurance coverage for the children. After analyzing the Idaho Child Support Guidelines, you determine that to identify what Richard’s monthly child support payments for both children should be, you need to calculate what 1.45% of his yearly income is.
Submit your motion to the Unit 6: Assignment Dropbox basket by the end of Unit 6.
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