Requesting child support modifications in NJ
Child support is a complex matter.
The court takes several factors into consideration when determining an appropriate amount of child support. These details include the child’s financial needs, the income and financial resources of both parents, and the custody agreement.
Whether you are the custodial parent or the paying parent, it is possible that you may disagree with the amount of child support awarded. However, once a child support order is in place, changing it can be a challenge.
If you are the custodial parent and feel you are not receiving enough in child support, or if you are the paying parent and believe that your payments are too high, you must file a motion with the court to modify the child support agreement.
When can you request a child support modification in NJ?
There are three scenarios under which either party can file a motion asking the court to modify child support:
- Change in Circumstances – Either parent or the child has experienced a permanent, substantial and unanticipated life change, such as:
- Parent is experiencing major health issues
- Child is experiencing major health issues
- Parent is now permanently disabled
- A change in circumstances may also include changes to the custody agreement (increase or decrease in parenting time), a change in the child’s necessary expenses, or additional children the parent needs to support.
- Three Years Since Order Issued – At least three years have passed since the child support order was issued, during which time the child’s financial needs may have changed.
- 15% Increase / Decrease in Income – Either parent’s income has increased or decreased by at least 15% since the child support order was issued.
Reasons why your child support modifications were denied
Of course, filing a motion to modify child support does not mean that the court will grant the child support modifications. If you were denied child support modifications in New Jersey, it may be for one of the following reasons:
- There has not been a real change in circumstances
- It has been less than three years since the child support order was issued
- The decrease in income was voluntary
- The emancipation age in the child support order is not 21
What if your child support modifications have been denied?
If your motion for child support modifications was denied, you should contact an experienced New Brunswick child support lawyer. Your attorney can review your motion and the documentation you provided in support of the child support modifications. It may be possible to re-file the motion with additional or updated documentation.
Find out more about fighting denied child support modifications in NJ
Every child support case is different and must be assessed on its own merits. To discuss your situation, please contact us online or call us at (732) 214-1103 to schedule a consultation with New Brunswick attorney Steven Cytryn.