Overview of Child Support Modification in NJ

New Jersey defines child support as support designed to meet the needs of the child. Those needs include food, shelter, clothing, health care, and education.

NJ child supportIf a parent’s financial circumstances change, or, alternatively,  if a child’s needs change, it may be possible to modify a child support obligation in New Jersey.  A modification of child support can occur if one party files a motion. Similarly, the two sides may agree to a modification of the New Jersey child support via a Consent Order.

 

When to Seek New Jersey Child Support Modification

New Jersey Law States that Child Support obligations may be modified at any time, upon a showing of changed circumstances. This means that if the parent seeking modification can show that changes have occurred sufficient to warrant a modification of support, they may be entitled to a modification.

Reasons to Seek Modify

While there are many reasons why a parent may seek to modify child support, some of the more common reasons to seek modification of child support are:

  1. Change in financial circumstances –post-judgment modifications of New Jersey child support often occur when one parent’s income increases enough to warrant an adjustment. This is true because New Jersey case law holds that children have the right to share in the fortune and advances of their parents.
  2. Change in parenting time – An important factor in determining the proper amount of child support is the number of overnight visits the child has with each parent. If one parent is having more overnight visits with one parent, they may be entitled to a downward modification of child support.
  3. Increases in child’s need—if the child’s needs have changed, a parent may seek to modification of child support. Such changes may include a medical diagnosis, entering college, etc.

The Process of Modifying Child Support

  • Filing a Motion. The parent seeking to modify support will typically request the change by filing a motion with the Family Part of the Superior Court. The party must provide notice to the other side so that they have an opportunity to respond. An experienced New Jersey Child Support attorney can be pivotal in filing motions and making arguments supporting an application for modification.
  • The Court’s decision —a Family Part judge will decide the motion for modification by first determining whether or not there is a substantial change in circumstances to warrant modification. If the Court finds that modification is warranted, the Court will enter an Order with the appropriate changes incorporated.

Qualified Legal Representation

New Jersey child support modification motions can be tricky to navigate. The Law Office of Matthew B. Lun, Esq. can help you present your case to the Court and effectively advocate on your behalf. Contact us at 609-964-0900 for more information or for a free consultation.