If you qualify (see Overview 1 classroom to see if you qualify) to file for a modification of your current custody and child support order, the following forms are necessary in all uncontested modification cases. IF the other party does NOT agree with changing the order, you MAY be required to file additional forms. It is recommended that you complete all of these forms before you file the Petition to Modify Custody and Support so that they will be ready to file at the appropriate time:
- Petition to Modify Custody and Support (Attach a certified copy of the prior custody order)
- Confidential Statement of the Parties for Child Support Order
- Acknowledgement and Acceptance of Service
- Confidential Financial Affidavit - both parties must file a financial affidavit. If the Respondent does NOT file a Financial Affidavit, you will need to file an Affidavit of Imputed Income.
- Order Modifying Custody and Support
- Order for Income Withholding
- Income Withholding for Support (or, you can also open up a case with your local child support enforcement agency and they will prepare this form for you)
**Other forms may be required depending on the Court and on your situation. If additional forms are needed, they will be discussed where applicable.**
***You will need to obtain a certified copy of your prior order granting custody. This can be obtained from the Clerk of District Court where the prior custody order was filed.***
A filing fee is required. Contact the Clerk of the District Court for the amount of the filing fee and what forms of payment are accepted. This may vary by county.
**Read each step below to complete the forms required for filing your case**
Remember, your packet contains many forms that will not be required in all situations. Be sure to follow these instructions carefully to ensure you have completed the correct forms for your situation.