NJ Child Support Modification Post Divorce
By definition, New Jersey child support is designed to meet the needs of the child. Those needs include but are not limited to:
- Health care
If the child's needs change, or if a parent's financial situation changes after divorce, the amount of New Jersey child support may need to be modified. In such cases, the existing child support order may be amended either by a mutual agreement between the two parties or by a court order.
When to Seek New Jersey Child Support Modifications
New Jersey child support modifications can take place any time after a temporary court order, marital settlement agreement, or NJ divorce judgment is executed. New Jersey child support laws allow parents to request a New Jersey child support modification at any time it is deemed warranted—including for cost-of-living adjustments.
Increase versus Decrease
If you need to modify your NJ child support order, you may choose to either increase or decrease the amount of child support. While there are many reasons a couple may wish to modify their New Jersey child support order, two of the most common reasons for NJ child support modifications are:
- Changes in income -post-judgment modifications of New Jersey child support 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 each parent's financial good fortune.
- Increases in need—if the child's needs have changed (such as a when a child enters day care), a parent may seek to modify the existing child support agreement.
New Jersey Child Support Modification Process
- Filing for modification—the parent requesting the change must file papers with the Superior Court. During this part of the process, it is essential to have professional representation. An experienced NJ child support attorney will be able to help you throughout the entire modification process to ensure that your child's needs are met.
- The Judge's decision—a judge will decide the motion for child support modification by determining whether there is significant justification for an increase or decrease in child support. If there has been a major financial change, the judge must also decide if those changes are expected to continue; however, there is one notable exception. You may be able to achieve incremental NJ child support increases based solely on a cost-of-living adjustment (COLA). This type of modification can be granted without the need for a hearing.
Exceptional Legal Representation
The premier New Jersey child support attorneys at Weinberger Divorce & Family Law Group, LLC, can help you petition the court for a modification of your New Jersey child support order. When you choose the Weinberger Divorce & Family Law Group, you can rest assured that you are receiving the best legal representation for all of your New Jersey child support circumstances, including:
- An increase in the child support amount
- A decrease to your current payment obligation
- Termination of child support obligations due to a child's emancipation
- And more