NJ CHILD SUPPORT MODIFICATION
By definition, New Jersey child support is designed to meet the needs of a child. Those needs include food, shelter, clothing, and health care, education, etc. If the child's needs change, or if a parent's financial situation changes, the amount of NJ child support may need to be modified. In such cases, the existing order may be amended by mutual agreement of the parties or by court order.
When to Seek Child Support Modification
NJ child support modification can take place any time after a temporary court order, marital settlement agreement, or the divorce judgment is executed. New Jersey child support laws allow parents to request modifications at any time it is deemed warranted, including for cost-of-living adjustments.
Increase v. Decrease
NJ child support modification can work both ways: the amount of child support may either increase or decrease. Two of the most common reasons for NJ child support modification are (1) changes in income and (2) increases in need. For instance, post-judgment modification of NJ child support can often occur when one parent's income significantly increases enough to warrant an adjustment. This is because the child has the right to share in the parent’s financial good fortune. A parent may also seek a child support modification if the child's needs have changed, such as when a child enters daycare , presuming those expenses were not previously included in the child support guideline calculation.
The Process
So how do you begin the process of modifying child support?
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The parent requesting the change must file papers with the Superior Court. It will benefit you to work with an experienced NJ child support attorney during this part of the process, as it is essential to have professional representation.
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A judge will decide the motion for child support modification by determining whether or not there has been a major financial change to justify an increase or decrease in the child support amount, and whether those changes are expected to continue. One notable exception: you may be able to achieve incremental NJ child support increases based on a cost-of-living adjustment (COLA) without the need for a hearing.
Better Legal Representation
The experienced New Jersey child support attorneys at Weinberger Law Group can help you petition the court for a modification of your child support order. We provide you with NJ child support modification representation for circumstances, including:
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An increase in the child support amount
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A decrease to your current payment obligation
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Termination of child support obligations due to a child’s emancipation
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And more
Please contact us today for a FREE INITIAL CONSULTATION at (973) 520-8822.
Our partner, Bari Zell Weinberger, is certified by the Supreme Court of NJ as a Matrimonial Law Attorney. This Certification is achieved by only 2% of the attorneys in New Jersey.
