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What is a Post Domestic Motion? A Comprehensive Legal Overview
Definition & Meaning
A post domestic motion is a formal request made to a court after a decree has been announced in a domestic case, such as divorce or child custody. These motions are typically filed to seek changes in existing orders, which may include modifications to custody arrangements, child support amounts, or visitation rights. To support a motion based on factual claims, a person usually needs to include a sworn statement known as an affidavit.
Table of content
Legal Use & context
Post domestic motions are primarily used in family law, particularly in cases involving divorce, child custody, and support. These motions allow individuals to request changes to court orders based on new circumstances or evidence. Users can often manage these motions themselves with the help of legal templates available through services like US Legal Forms, which provide resources drafted by attorneys to ensure compliance with legal standards.
Key legal elements
Real-world examples
Here are a couple of examples of abatement:
Example 1: A parent files a post domestic motion to modify child custody arrangements after relocating to a different state for a job opportunity. The motion includes an affidavit detailing the new living situation and how it benefits the child.
Example 2: A former spouse requests a modification of child support payments due to a significant change in their financial circumstances, such as job loss. (hypothetical example)
Relevant laws & statutes
K.S.A. § 60-1621 outlines the requirements for filing post-decree motions in Kansas, including the necessary fees and conditions under which a poverty affidavit may be submitted instead of a docket fee. Other states may have similar statutes governing post-decree motions.
State-by-state differences
State
Filing Fee
Affidavit Requirement
Kansas
$40 (after July 1, 2010)
Required for factual motions
California
Varies by county
Not always required
Texas
Varies by court
May be required depending on the motion
This is not a complete list. State laws vary, and users should consult local rules for specific guidance.
Comparison with related terms
Term
Definition
Key Differences
Post Domestic Motion
A motion filed after a decree in a domestic case.
Focuses on modifications to existing orders.
Motion for New Trial
A request for a new trial after a judgment.
Relates to trial errors rather than post-decree changes.
Appeal
A request to a higher court to review a lower court's decision.
Involves legal errors rather than factual changes in circumstances.
Common misunderstandings
What to do if this term applies to you
If you need to file a post domestic motion, start by gathering all relevant information and documentation. Consider using legal form templates from US Legal Forms to help you prepare your motion correctly. If your situation is complex or involves significant legal issues, it may be wise to consult with a legal professional for tailored advice.
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