FRANKLIN
COUNTY RULES OF PRACTICE
OF THE COURT OF COMMON PLEAS
Domestic Relations
Division
Effective July 1, 1984 unless otherwise noted
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DOMESTIC
RULES
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RULE 23:
FORM
J222 rev
Oct. 2004
CHILD SUPPORT
AND SPOUSAL SUPPORT MODIFICATIONS
Upon the filing of a motion requesting modification of an existing child support or spousal support order based upon a change of financial circumstances, each party shall file an affidavit setting forth their current and past income and personal earnings. If either party seeks modification of a spousal support order or deviation from the amount of child support calculated pursuant to the basic child support schedule and applicable worksheet, each party shall include in their affidavit a list of their current and past itemized expenses, and if that party has remarried his / her spouse's current income. All information contained in the affidavit must be accurate. Any information that is estimated must be clearly identified. Blank spaces or "N/A" are unacceptable responses. Failure to timely submit an accurate affidavit may result in dismissal of the motion to modify.
If a party seeks to modify an alimony order entered in a divorce or dissolution on or after May 2, 1986, or a spousal support order entered in a divorce or dissolution on or after January 1, 1991, that party shall aver in his / her affidavit that the divorce decree or separation agreement incorporated into the divorce or dissolution decree, contains a provision specifically authorizing the court to modify the amount or terms of alimony or spousal support.
The affidavit of the moving party shall accompany the motion when filed. The affidavit of the responding party shall be filed and served on the opposing party or counsel not less than fourteen days prior to hearing. The affidavits filed pursuant to this rule shall be on the form authorized by the Court or in a format consistent therewith.
(Effective 1/1/90, Amended
eff 7/1/95; 10/1/04)
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