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Modification of Custody, Parenting Time and/or Child Support

Brief descriptions of content are provided to help you decide which Packet you may wish to use. The descriptions are not intended to provide you with complete information about the law or court procedure involved in each packet. For more information, please consult with an attorney.

Use only ONE of the packets listed below.

Packet 4A:  Motion Requesting Modification

Packet 4B:  Response

Packet 4C:  Stipulation to Modify Parenting Time Order (ORS 107.174)

Packet 4D:  Motion Requesting Modification Due to Military Deployment

 


NOTE:  Requests for modification of child support only may be made to the Oregon Child Support Program under certain circumstances; for example, if it has been at least 36 months (3 years) since the date the support order was entered or last modified; or there has been a substantial change of circumstances.  For more information on this process, go to the "Modify an Existing Order" site on the Division of Child Support website.


 

Packet 4A—Motion Requesting Modification

Use this packet to request a CHANGE of custody, parenting time and/or child support, and where there is NOT agreement between the parents on the change. If the parents agree on the change, use the forms in Packet 4C. Forms in Packet 4A may be used by parents with Judgments of Dissolution, Judgments of Separation, and unmarried parents who have obtained a Judgment regarding custody, parenting time and/or child support.

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Packet 4B—Response to a Modification Request

If the other parent asks the court to change the custody, parenting time and/or child support provisions in a Judgment, and you do no agree with ALL the requested changes, you must "Respond" in WRITING by the deadline specified in the "Order to Show Cause" served upon you, typically 30 days. A response allows you to object to the changes and state facts telling the court the reasons you disagree. Some courts may also require a personal appearance in court on a scheduled hearing date which will be listed on the "Order to Show Cause" that is served on you.

 

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Packet 4C—Stipulation (Agreement) to Modify Parenting Time (ORS 107.174)

If both parents agree to specific changes in parenting time only and want their Judgment to be changed, they may use this form.  Parents should fill out this form, have their signatures notarized, and submit it to the court. By statute, the court may either sign the order or may require parties to appear for a hearing.  If the child is in another state, there are some circumstances in which this stipulation cannot be used.

 

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Packet 4D—Motion Requesting Modification Due to Military Deployment

Use this packet to request a CHANGE of custody, parenting time, and/or child support due to military deployment of a parent. This packet is for use whether or not there is agreement between the parents on the change.  Forms in Packet 4D may be used by parents with Judgments of Dissolution, Judgments of Separation, and unmarried parents who have obtained a Judgment regarding custody, parenting time, and/or child support.

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