5 Facts to Know About Child Support Modifications

In New Jersey, child support generally lasts until a child’s 19th birthday. However, special circumstances such as college attendance or disability could extend the length of the arrangement until the child reaches 23 years of age. However, there are cases where modifications to a child support agreement can be made in New Jersey. Parents may file petitions to make a modification to a child support agreement. There are many questions that parents often have regarding child support modifications.

1. Who Can File a Child Support Agreement Modification?

Either parent can file a petition to modify their child support agreement. A support-receiving parent may petition for payments to be increased. Similarly, parents may file a petition to decrease the amount that they are required to pay. However, it is the responsibility of the person requesting the modification to prove that new circumstances warrant a change in child support payments.

2. What Warrants a Modification to a Child Support Agreement?

A petitioning parent must demonstrate that circumstances have substantially changed in order to modify a child support agreement. There are several factors that could demonstrate a change in circumstance potentially including a change in salary, living conditions, or special needs.

3. What Should be Included in my Child Support Modification Petition?

There are many essential documents that NJ family courts require in a child support modification petition. A parent may be required to submit financial documents demonstrating a change in circumstances. This may include pay stubs or tax returns. Family courts may also require a copy of the original child support agreement in a modification petition. Keeping track of exactly what needs to be included in a petition may be difficult, but by working with an experienced custody lawyer, parents could have peace of mind that they will not miss a step.

4. Will my Child Support Modification Case go to Court?

A judge may arrange a hearing for a child support modification where they will evaluate the petition and the facts of the case. Each parent may then be asked to submit additional financial information. If a modification is granted, a new child support agreement for the parents to follow may be issued.

5. How Likely is a Decrease in Child Support Payments?

NJ family courts typically primarily evaluate what is in the child’s best interest. It is difficult to tell what will happen as each case is unique and every family has different challenges and circumstances. However, a legal team that is experienced in family law matters may be able to share their knowledge and explain the most likely outcomes.

The Importance of a Lawyer

Child Support agreements can have a significant effect on your financial stability and your family’s quality of life. An experienced child support attorney could help you present the best case for a child support modification. Contact the dedicated family attorneys at Moskowitz Law Group for a consultation today.