When a couple with children gets divorced, important issues such as
child support, and visitation are determined. The final decisions are memorialized in
the divorce decree, and that document acts as a blueprint for the parties.
The decree sets forth the rights and obligations of each party to the
case and must be followed as written. That is not to say the terms cannot
be changed at a later date, if needed. To make a change though, you must
go back to Court and ask the Judge to approve your request.
To obtain a
change in child support, you have to show a change in circumstances. Some of the factors included
in changed circumstances include:
- An increase or decrease in salary.
- A special need for the child has arisen, such as a medical condition or
disability arising after the original order for support was entered.
- The responsible party's living conditions change, either by loss of
home or by cohabitation with another adult.
The Child Support Modification Process
Either party may request a modification in the child support order. When
doing so, it is necessary to show the changed circumstances and that those
changes are permanent rather than temporary. Proof of the changes, such
as pay stubs or other documentation showing the new situation, will be
required. The Court will then consider the evidence, and what is best
for the child, and make a determination. If a modification is granted,
a new order regarding the change will be entered and the parties will
then be bound by that new order. If you need to modify an existing child
support order, partner with an experienced family law attorney to ensure
your case is presented in a light most favorable to the needs of you and
Questions? Contact Our New Jersey Child Support Lawyers
For more information about the process and requirements to modify child
support, call an experienced Hackensack family law attorney for answers
to your questions. Call today to schedule an appointment or fill out our
online consultation form and we will be in touch with you soon.